Mount Molloy Railway Act of 1917 (7 Geo v No. 29) (Qld)

7702 RAILWAYS AND TRAMWAYS. Mount Molloy Railway Act. 7 GEO. V. No. 29, 7 Oeo. v. An Act to Authorise The Secretary for Railways to No. 29. THE MOUNT enter into an Agreement with the Liquidators MOLLOY of Mount Molloy Limited, and Mottnt Molloy RAILWAY ACT 0]' 1917. Limited, providing for the acquisition by the State of a certain Tramway constructed from near Biboohra, on the Cairns-Mareeba Rail- way, to Mount Molloy; and for other purposes consequent thereon. [ASSENTED TO 14TH FEBRUARY, 1917.] 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 : ~ Shorltitle. 1. This Act may be cited as "The Mount Molloy Railway Act of 1917." Authorising 2. (1.) The Secretary for Railways, for and on behalf ~ : ~8king of the Government of Queensland, is hereby authorised agreement and empowered to enter into an Agreement with the ~ ~~~ tion Liquidators of Mount Molloy Limited, and Mount of the Mount Molloy Limited, for the acquisition by the State of the ~ ; : ~ ay. tramway constructed from near Biboohra, on the Cairns- Mareeba Railway, to Mount Molloy, a copy of which Agreement is set forth in the Schedule to this Act. (2.) From and after the coming into effect of the said Agreement the tramway as defined in the said Agree- ment shall become and be vested in the Commissioner for Railways free from any claim or encumbrance whatsoever, and shall be worked and managed by the Commissioner for Railways as a State railway, and shall be subject in all respects to the laws in force relating to the working and management of State railways. (3.) All sums of money which, in pursuance· of the said Agreement, may from time to time become payable by the Secretary for Railways are hereby appropriated for the purpose.

1917. RAILWAYS AND TRAMWAYS. Mount Molwy Railway Act. 7703 THE SCHEDULE. AGREEMENT entered into this day of One thousand nine hundred and BETWEEN THE HONOURABLE THE SECRETARY FOR RAILWAYS for and on behalf of the Government of Queensland (hereinafter referred to as " the Minister") of the first part JOHN MOFFAT of Irvinebank and GEORGE CAMPBELL YOUNG of Irvinebank in the State of Queensland the Liquidators of MOUNT MOLLOY LIMITED (hereinafter referred to as "the Company") a Joint Stock Company duly incorporated in the State of Queensland under" The Companies Acts 1863 to 1896"· and having its registered office at Irvinebank in the said State and presently in course of being wound up voluntarily (hereinafter referred to as "the Liquidators") of the second part and the Company of the third part: WHEREAS the Company is the registered holder of Tramway Mineral Leases Numbers 2713 3452 and 3453 and Mineral Home- stead Leases Numbers 1733 and 1734 Herberton Field duly granted under the provisions of "The 111ining Act of 1898"t and the regulations thereunder and has constructed thereon and on Mineral Homestead 1eases Numbers 687 756 and 819 Herberton' Field a line of tramway in length about twenty miles commencing at the junction with the Cairns-Mareeba Railway at or near Biboohra and thence proceeding to Mount Molloy through the land. comprised in the said tramway mineral leases and mineral home- stead leases-which said leases and all other land over or across which the said tramway is constructed together with the said line of tramway and all lines rights of way 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 or of the liquidators or enjoyed by it or them for or in connection with or appurtenant to the said line and all rights claims and demands whatsoever of or by the Company or the liquidators in or in respect of the said line or property are hereinafter collectively and inclusively referred to as " the tramway": AND WHEREAS by an extraordinary resolution of the Company duly passed at a special meeting of the members thereof held on the Third day of March One thousand nine hundred and thirteen it was resolved that the Company should be wound up voluntarily and that JOHN GAINFORD of 18 Bridge street Sydney in the State of New South Wales and the said GEORGE CAMPBELL YOUNG should be and they were thereby appointed liquidators for the purposes of such winding up: * 27 Vie. No. 4 and amending Acts, 8upra, pages 186 et 8eq. t 62 Vie. No. 24, 8upra, page 2178.

7'104 RAILWAYS AND TRAMWAYS. Mount Molloy Railway Act. 7 GEO. V. No. 29, AND WHEREAS the said JOHN GAINFORD died on the Seventh day of July One thousand nine hundred and fifteen and at a general meeting of the Company held on the Sixteenth day of December One thousand nine hundred and fifteen the said JOHN MOFFAT was duly appointed to be a liquidator in his room: AND WHEREAS by an agreement (hereinafter referred to as " the timber agreement") between the Company and ALEXANDER PATRICK CAMERON LaitdCommissioner for the District of Cairns in the State of Queensland dated the Sixth day of March One thousand nine hundred and eight which said agreement was duly varied on the Fifteenth day of December One thousand nine hundred and thirteen the Company became the purchaser from the Crown of certain standing merchantable timber on part of a timber reserve and on Crown lands in the county of Dagmar parishes of Dimbulah and Gairloch in the said State and it was thereby agreed that the said agreement should expire and deter- mine in the event of the Government of the said State purchasing the tramway: AND WHEREAS the Liquidators 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 and stipulations hereinafter mentioned: Now THIS AGREEMENT WITNESSETH that in consideration of the premises and of the respective terms conditions covenants and stipulations hereinafter contained the said parties do and each of them doth mutually agree and promise with and to the others of them that is to say: 1. The Company and the Liquidators do and each of them doth covenant with the Minister to transfer and hereby transfer to the Commissioner for Railways of the State of Queensland (hereinafter referred to as "the Commissioner") all the right title End interest whatsoever of the Company and of the Liquidators in the tramway and to give to the Commissioner peaceful posses- SiOll of the tramway for all the purposes of this Agreement The said transfer of the premises shall take effect from the date of the passing of an Act of Parliament authorising the making of 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 Com- missioner as a State railway and the said tramway mineral leases mineral homestead 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 The Company and the Liquidators will procure the holders of the said mineral homestead leases numbers 687 756 and 819 Herberton

RAILWAYS AND TRAMWAYS. 1917. Mount Molwy Railway Act. Field and all persons having any interest in or to any of the land (lver or across which the said tramway is constructed to transfer or .surrender such leases or the interest of such persons in the said land to the Commissioner All fire insurance policies and accident jnsurance policies held by the Company or by the Liquidators in iJonnection with the tramway shall be transferred to the Commis- sioner The Company and the Liquidators do and each of them doth iJovenant to give to the Commissioner a good and clear title to the tramway. On and after the said date the timber agreement shall expire and be determined and the parties thereto shall be released from all obligations and cease to have any rights or title thereunder. 2. In consideration of the premises and of the aforesaid transfer to the Commissioner of the tramway the Minister shall upon the entering into and procuring by the Liquidators of all such consents agreements indentures and undertakings as the Minister shall require and upon the transfer and surrender by all persons having any interest in any land over or across which the tramway is constructed of their interest in such land pay to the Liquidators the sum of Seventeen thousand five hundred pounds in and represented by Queensland Government four and one-half per centum debentures which debentures shall be taken to be of that value. Such debentures shall have a currency of Ten years from the date of the issue thereof and shall be issued in the name of the said JOHN MOFFAT or in the name or names of such person or persons as he may nominate The said debentures shall be issued upon and subject to the condition that such debentures shall not he negotiable by the person in whose name they are issued until the expiration of a period of five years from the date of the issue thereof and that such debentures shall be redeemable at par at any time by the Queensland Government upon giving to the regis- tered holders thereof for the time being respectively three months' previous notice of its intention so to do. 3. The Company and the Liquidators do and each of them doth jointly and severally covenant that the Company and the Liquidators will at all times at the cost and charges of the Minister execute ana do every such lawful agreement transfer assignment release instrument 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 Liquidators or of any other corporation or person whomsoever and for the more effectually enabling the Minister to obtain the full benefit of this Agreement. 7705

7706 RAILWAYS AND TRAMWAYS.-ROADS. Lucinda Point to Halifax Road Act. 7 Gm. V. No. 10, 4. The said JOHN MOFFAT and GEORGE CAMPBELL YOUNG in their capacity as Liquidators and also personally do hereby jointly and severally covenant and declare that they are and that each of them is duly empowered and entitled to enter into this Agreement and to make and perform the terms conditions covenants and stipulations 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 neces- sary proper and sufficient to carry this Agreement into full effect and no part of the said sum of Seventeen thousand five hundred pounds shall be payable to the Liquidators until or. unless the Minister is satisfied that the same have been entered into and procured. SIGNED, ETC. ROADS. 7 Geo. V. An Act to Authorise the Application of Moneys of No. 10. THE " The Dungeness Harbour Dues Trust Account" LUCINDA POINT TO towards the Construction of a Road from HALIFAX ROADAOT Lucinda Point to Halifax. OF 1916. [ASSEN'l'ED 'I'O 5TH DECEMBER, 1916.] Preambl~ . W HEREAS pursuant to "The ·Harbour Dues Act of 1892"* all moneys received under the authority of the said Act in respect of the Harbour of Dungeness have from time to time been placed to the credit of a Trust Account, called "The Dungeness Harbour Dues Trust Account," and after payment of all sums incurred for the management and improvement of the said Harbour there is now standing to the credit of the said Accoup.t the sum of three thousand five hundred and fifty-six pounds or thereabouts, and no part of the same is im- mediately required for constructional improvements in the said Harbour: And whereas the construction of a road from Lucinda Point to Halifax is urgently needed and would be of great advantage to the said Harbour: and whereas the estimated cost of the said road is three thousand seven hundred and forty pounds or thereabouts: and whereas doubts have arisen whether any part of thE' moneys of the said Account can lawfully be applied * 56 Vie. No. 29, supra, page 860.