Mount Garnet Railway Act of 1914 (5 Geo v No. 30) (Qld)

RAILWAYS AND TRAMWAYS. 5 GEO. V. No. 30, 1914. Mount Garnet Railway Act. 64,37 RAILWAYS AND TRAMWAYS. 11:fount Garnet Railw({:1f Act of 1914 ... 5 Geo. V. No. 30 ]Jlount Russell to Geeil Plains Railwa.1f Act of 1914 ... 5 Geo. V. No. 37 ]J!{mwil.1fan and Gemldton 'J1ramwa.1/s Act of 1914 ... 5 Geo. 17. No. 4 An Act to Ratify and Approve an Agreement made 5 Geo. V. between the Secretary for Railways, the Mount N;~ ! O. Garnet Freehold Copper and Silver Mining ~ ~ ~ ~ ~ Company, Limited, John Moifat, and Alexander A!A~ FWl~l4. Corrie, Trustees of a certain Trust Deed, and the said John lVIoifat, providing for the Acquire- ment by the State of a certain Tramway constructed from Lappa, on the lVIareeba to Chillagoe Railway, to near Mount Garnet; and for the Application of the Purchase Moneys thereof; and for other purposes consequent thereon. [ASSENTED TO 23RD DECEMBER, 1914.] B E it enacted by the King's Most ] ~ xcellent Majesty, by and with the advice anci. 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 JJlount Garnet Short title. Railway Act of 1914." 2. (1.) 'lhe Agreement, entered into on the third Approval of day of December, one thousand nine hundred and four- Agreement. teen, between the Secretary for Railways, the Mount Garnet :Freehold Copper and Silver l\lining Company, Limited, John l\loifat, and Alexander Corrie, trustees of a certain trust deed, and the said John Moifat, relating to the tramway constructed from Lappa, on the Mareeba to Chillagoe Hailway, to near Mount Garnet, a copy of which Agreement is set forth in the Schedule to this Act, is [Schedule.] hereby ratified and approved. (2.) From and after the passing of this Act the tramway as defined in the said Agreement shall become and be vested in the Commissioner for Railways free from any claim or encumbrance whatsoever, and shall be worked

6438 HAlLWAYS AND THAMWAYS. Mount Garnet Railu'ay Act. 5 GEO. V. No. :30, - - - - ~-- --- -- - -- - -- - -- - -- ~ . and managed by the Commissioner for Railways as a State railway, and shall he subject in all respects to the laws in force relating to the workiug and management of State rail. ways, subject, however, to the following modifications:- (a) "The Railways Act of 1906,"· or the analogous provisions of any Act in substitution therefor, shaH not apply to the said railway; (b) 11he Commissioner for Railways may fix special tolls, fares, rates, and charges for the carriage of goods, live stock, parcels, and l)assengers on the said railway, but they shall not in any case exceed one and one half times the amount payable in respect of the same class of tr9.ffic under by-laws or regulations in force at the date of the passing of this A ct with respect to thc railway from Cairns to Mareeba. (3.) All sums of money which, in pursuance of the said AgL'eement, may from time to time become payable by the Secretary for Railways are hereby appropriated for tbe purpose. THE SCHEDULE. AGREEMENT entered into this Third day of December One thousand nine hundred and fourteen BETWEEN THE HONOURABLE THE SECRE- TARY FOR RAILWAYS for and on behalf of the Government of Queensland (hereinafter referred to as " the Minister") of the first part THE MOUNT GARNET FREEHOLD COPPER AND SILVER MINING COMPANY IlIMITED a Joint Stock Company duly incorporated and registered in accordance with the laws of the State of Victoria in the Commonwealth of Australia and duly registered in Queensland nnder "The British Companies Act of 1886"t (hereinafter referred to as " the Company") of the second part JOHN ]\/[OFFAT of Sydney in the State of New South Wales in the said Common- wealth and ALEXANDER CORRJE of Brisbane the present Trustees under a certain Indenture of Trust Deed made the Fifteenth day of July One thousand nine hundred and one whereto the Company is a party (hereinafter referred to as " the Trustees") of the third part and the said JOHN MOFFAT of the fourth part WHEREAS under and in pursuance of "The Mount Garnet Freehold Mining Company's Railway Act of 1900"t the Company duly constructed a line of tramway commencing by a junction with the 1Iareeba to Chillagoe Railway at or near Halpin's Creek and * 6 Edw. VII. No. 15, supra, page 2915. 1914," Part IV., supra, page 6326.) t 50 Vie. No. 31, supra, page 277. t 6-1 Vie. No. 22, supra, page 4203. (See now "The Railways Act 0/

RAILWAYS AND TRAMWAYS. H1l4. M aunt Garnet Railway Act. - - - ~- - - ~ - - - - - thence proceeding to Mount Garnet along a route delineated in the Schedule to the said Act with duly authorised alterations and deviations AND WHEREAS the Company purchased a spur line con- structed by The Chillagoe Railway and Mines Limited from Lappa on the Mareeba to Chillagoe Railway to Halpin's Creek aforesaid which said spur line is also delineated in the Schedule to the said Act AND WHEREAS the Company constructed an extension of its said tramway for a distance of about half a mile from the point shown in the said Schedule as the terminus of the said tramway towards the town of Mount Garnet and the Mount Garnet Smelting Works crossing Return Creek by a steel bridge AND WHEREAS the Commissioner for Railways of the State of Queensland (hereinafter referred to as "the Commissioner") has recently at the request of the Trustees repaired the said bridge and the sum of £1,350 or thereabouts is due to the Commissioner by the Trustees in respect of such work AND WHEREAS the said spur line and the said tramway and extension thereof form one continuous line of tramway connecting with the Mareeba to Chillagoe Railway and have been worked af! such by the Company and the Trustees (which said continuous line of tramway and all lands rights of way easements buildings bridges structures stations sidings tramlines accommodation works appliances rolling stock equipment and other property whether real or personal corporeal or incorporeal of the Company and of the Trustees used or enjoyed by it or them for or in connection with or appurtenant. to the said continuous line and all rights claims and demands whatsoever of or by the Company and the Trustees in or in respect of the said continuous line are hereinafter collectively and inclusively referred to as "the tramway") . AND .WHEREAS the Company to raise money for the purpose 0:( constructing the tramway and for other purposes of its busines~ duly issued certain mortgage debentures and the said John Mofl'at became and now is a holder of the said debentures to a large amount AND WHEREAS by the said Indenture of Trust Deed made the Fifteenth day of July One thousand nine hundred and one between the Company and Thomas Welsby of Brisbane and Alexander Corrie aforesaid as Trustees for the debenture-holders the Company as beneficial owner charged in favour of the said Trustees the tramway and all the other property and assets for the time being of the Company AND WHEREAS the Company made default in the payment of moneys secured by the said debentures AND WHEREAS by an order of the Supreme Court of Queens- land dated the thirteenth day of March One thousand nine hundred and seven in an action by the said Trustees against the Company it was ordered that the Company from henceforth should stand absolutely debarred and foreclosed of and from all right interest and equity of redemption of in and to the lands property assets ()439

6440 RAILWAYS AND 'l'RAMWAYS. Mount Ga.rnet Railway Act. 5 GEO. V. No. 30, and premises comprised in the said Trust Deed and certain other instruments specified in the said order and that the Company should do all acts and execute all instruments necessary to transfer and vest the said lands property assets and premises in the said Trustees J.XD WHEREAS by an Indenture dated the Twenty-sixth day of August One thousand nine hundred and seven the said Thomas Welsby and Alexander Corrie duly appointed the said John Moffat as trustee of the said Trust Deed in the place of the said Thomas Welsby AXD 'WHEREAS pursuant to the said order the Trustees are now entitled to the property in the tramway as Trustees for the said debenture-holders but the Company although willing so to do has not hitherto been requested to and has not executed the instru- ments necessary and proper to transfer to and vest in the Trustees the tramway AKD 'WHEREAS the Trustees are duly empowered and entitled to execute these presents for and on behalf of and in the name of the Company AXD WHEREAS the Irvinebank Mining Company Limited a Joint Stock Company duly incorporated and registered in accord- of ance with the laws of the said State of New South Wales and duly registered in Queensland under "The British Companies Act 1886' "X< has for many years past carried on operations at Irvine- bank near Mount Garnet and the said John Moffat is the holder of a large number of shares of the said Company and is a creditor of the said Company in a large amount and is desirous of obtaining the means of further securing the eontinued operations of the said Company and for good and valuable considerations not necessary to be herein set forth the said debenture-holders of the Mount Garnet Freehold Copper and Silver Mining Company Limited are willing that such means should be afforded to him in accordance with the arrangement hereinafter set forth and the Trustees are . duly empowered and entitled to enter into the said arrangement - AKD WHEREAS the Trustees being duly empowered and entitled so to do have requested the Minister to purchase the tramway and the Minister has agreed to purchase the same for the consideration and subject to the terms conditions covenants stipulations and 8J'l'angement hereinafter mentioned Now 'l'HIS AGREEMENT WITNESSETH that in consideration of the premises and of the re~ pective terms conditions covenants stipulations and arrangement hereinafter contained the said parties do an<l each of them doth mutually promise and agree with and to the others of them that is to say:- (1.) The Company and the Trustees do and each of them doth covenant with the Minister to transfer and hereby transfer to the Commissioner all the right title and interest whatsoever of the Company and of the Trustees in the tramway and will give to the Commissioner peaceful possession of the tramway for all the * 50 Vie. No. 31, supra, page 277.

, I HAlLWAYS AND TRAMWAYS. liH4. Mownt Garnet Railway Act. purposes of this Agreement subject always to the provisions in Clause 6 hereof. The said transfer of the premises shall take effect from the date of the passing of the Act of Parliament ratifying and approving this Agreement and this Agreement shall be -read and construed to the intent that on and after that date the tramway shall be and shall be deemed to be vested in the' Commissioner as a State Railway and all mining tramway leases or other tenancy of Crown lands in or over which the tramway is constructed shall be deemed to be surrendered to the Crown. Nevertheless the Commissioner may at any time require a formal surrender of the same. All fire insurance policies and accident insurance policies ~ eld by the Company or by the Trustees in connection with the traImvay shall be transferred to the Commissioner. The Company and the Trustees do and each of them doth covenant to give to the Commissioner a good and clear title to the tramway. (2.) In consideration of the premises and of the aforesaid transfer to the Commissioner of the tramway by the Company and the Trustees the Minister shall pay to the Trustees the sum of £35,000 in and represented by Queensland Government four per centum debentures which debentures shall be taken to be of that value and the Commissioner will discharge the Company and the rfrustees from all liability in respect of the repair of the said steel bridge over Return Creek amounting to the sum of £1,350 or thereabouts. (3.) The Company and the Trustees do and each of them doth jointly and severally covenant that the Company and the Trustees will at all times at the cost and charges of the Minister execute and do every such lawful agreement transfer assignment release instru- ment assurance or thing as the Minister may require for the more effectually transferring the tramway free of any claim mortgage or encumbrance and discharged from all rights claims and demands whatsoever of the Company or the Trustees or of any other corporation or person whomsoever. And for the more effectually enabling the Minister to obtain the full benefit of this Agreement the Company and the Trustees do hereby by these presents irrevocably appoint the Minister the true and lawful attorney of the Company and the Trustees in the name of ,the Company or of the Trustees at any time or times here- after at the cost and charges of the M.inister to make and etIect any transfer and delivery of the said premises hereinbefore expressed to be hereby transferred and not passing at law by the effect of the transfer hereinbefore contained and the Company cloth empower the ?Iinister to use and affix the corporate seal of the Company to any agreement transfer assignment release instrument or assur- ance in that behalf and generally to make do and execute all such instruments wri~ ings and things relating to the said premises at his discretion as fully and effectually as the Company or the 'frustees could do if acting therein and the Company and the Trustees hereby agree to ratify and confirm all the Minister shall do under this present power for any of the purposes aforesaid. (4.) The Trustees a;nd the said John Moffat hereby covenant t.o apply the said sum of £35,000 of debentures or. proceeds thereof 6441 ./

6442 RAILWAYS AND TRAMWAYS. Mount Garnet Railway Act. 5 GEO. V. No. 30, (whether by sale or borrowing) in manner following that is to say- (A) As to £15,GOO thereof to devote such sum not exceeding £5,000 as they think proper in discharge of any existing liabilities of the Trustees and to devote the balance remaining (or such less portion thereof as the Minister shall approve) to carrying out the following under- takings to the satisfaction of the Minister of the Crown for the time being holding the office of Secretary for Mines who at any time shall be at liberty to instruct an officer of his Department to make any inspection of and report upon the Mount Garnet Mine and the Trusteeg will grant every aid and facility for that purpose- (i.) Ullwatering sinking and otherwise developing the Mount Garnet Mine with the object of proving the extent of the ore deposits therein and the capacity of the mine to yield a large output of zinc copper or other ore and (ii.)' Erecting at the Mount Garnet Mine treatment works for testing bulk samples of the ores of the mine and by means of such works experimenting with a view of selecting and installing such one of the several processes for the extraction of zinc and other valuable metal as is found to be most suitable to the conditions of the Mount Garnet Mine. CB) By means of the remaining £20,000 being the balauce of the said sum of £35,000 to carry out and complete the following arrangement namely :-To deliver the Govern- ment debentures representing the same to the said John Moffat and upon such delivery the same shall subject as herein provided be deemed to be the property of the said John Moffat He shall forthwith deposit the same with the General Manager of the Queensland National Bank Limited at Brisbane to be held by the said Bank as and by way of a security on the following terms which he will arrange with that Bank in such manner and evidenced in such form as may meet with the approval of the Minister such arrangement to continue for a period of two years from the date when this Agree- ment comes into effect:- (i.) That the said Bank will establish in the name of the said Irvinebank Mining Company Limited a new working account with a fluctuating credit and make advances thereon as required by the said Company up to but not exceeding at any time the sum of £20,000 (subject to any marginal allowance for difference of interest rates charged by the Bank and payable under the debentures and with liberty in the said John Moffat to. sell the debentures or any portions thereof and lodge nett proceeds in substitution therefor with the said Bank). (ii.) That the said Bank will also through the said account make advances to the said Company against metal and ore shipments by the said Company in accordance

, I L)14. RAILWAYS AND TRAMWAYS. M aunt Garnet Railway Act. with the course of business heretofore obtaining in dealings between the said Bank and the said Com- pany and credit the said account with the proceeds of such shipments. (iii.) That the said Bank will hold the aforesaid debentures or the unsold residue thereof as the Bank's security for the advances mentioned in paragraphs (i.) and (ii.) hereof subject always to the terrus of this arrangement. (iv.) That the said Bank and the said John Moffat will not apply or permit to be applied the said debentures .or any part thereof or any sum advanced on the security thereof or obtained by sales as aforesaid in or towards the discharge of any liability of the said Company existing at the date when this Agreement comes into effect. (v.) That throughout a period of two years from the date when this Agreement comes into- effect the said Com- pany shall apply the whole of the sumg advanced by the said Bank under this arrangement or procured by sales as aforesaid to the revival and continuance with prudent management to the reasonable satis- faction of the said Secretary for Mines of the said Company's business of smelting tin buj'ing tin concentrates and alluvial tin from producers in the Irvinebank and surrounding district and reopening and further developing the various mines in .which the said Company is. interested and in operating the Wolfram Concentrating Plant at Wolfram Camp with the object of affording relief to the producers of tin wolfram molybdenite and bismuth in the said district and promoting the mining industry and mining employment therein. (vi.) And that neither the said Bank nor the said John Moffat will take or cause to be taken any steps or proceedings in order to the winding-up of the said Company within th~ period of two years from the date ';vhen this Agreement comes into effect without the assent of thelVIinister. (5.) The said Alexander Corrie and the said John Moffat in their capacity as Trustees and also personally do hereby jointly and severally covenant and declare that they are and each of them is duly empowered and entitled to enter into this Agreement and to make and perform the terms conditions covenants stipulations and arrangement herein contained and that they and each of them will enter into and procure all consents agreements writings and undertakings which the Minister shall reasonably consider necessary proper and sufficient to carry this Agreement into full effect and no part of the said sum of £35,000 shall be payable to the Trustees unless or until the Minister is satisfied that the same have been so entered into and procured. (6.) This Agreement shall have no force or effect unless or until the same has been ratified and approved by an Act of th9 Parliament of Queensland. 6443

6441. R.AILWAYS AND TRAMWAYS. Mount Rmsell to Cecil Plains Railu'ay Act. 5 GHO. V. No. 37, IN WITNESS WHEREOF the parties to this Agreement have hereunto set their hands and seals: Signed sealed and delivered by- [L.S.] In the presence of- W. T. PAGET, Secretary for Railways. W. F. WEBB, Chief Legal Assistant, Crown Solicitor's Office. And on behalf of and in the· name of the Mount Garnet Freehold Copper and . i . Silver Mining Company Limited ..hy- [L.S.] JOHN MOFFAT, T th r e u s s a te i e d s In u d n e d n e - r [L.S.] ALEX. CORRIE, t~ of Trust In the presence of- J. F. FITZOERALD, Solicitor, Brisbane And by the said JOHN MOFFAT and ALEXANDER CORRIE In the presence of- J. F. FITZOERALD. And by the said JOBNMOFFAT- In the presence of- _...-.... - [LoS.] JOHN MOFFAT, [L.S.] ALEX. CORRIE, The Trustees aforesaid. [L.S.1 JOHN MOFFAT. J. F. FITZOERALD. 5 N G o e . o 3 . 7 V . . An Act to ·Validate an Agreement entered into THE between the Treasurer, the Commissioner for MOUNT RUSSELLTO Railways, and The. Taylor Estates Company, CEOIL PLAINS RAILWAY ACT OF 1914 , . Limited, relating to the State Lines of Railway from Oakey to lVIt. Russell and from lVIt. Russell to Cecil Plains, and to make provision for_ matters incidental thereto. [ASSENTED TO 24TH DECEMBER, 1914.] B E it enacted by the- King's Most Excellent Majesty, by and with the advice and consent of the V~gis­ 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 Mount Russell to Oecil Plains Railway Act of 1914."