Mount Russell To Cecil Plains Railway Act of 1914 (5 Geo v No. 37) (Qld)

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."

RAILWAYS AND TRAMWAYS. 6445 1914. Mount Rt{ssell to Cecit Plains Railway Act. 2. (1.) The Agreement entered into on the fourth day Validation of of December, one thousand nine hundred and fourteen, Agreement. between the Treasurer, the Commissioner for Railways, and The Taylor Estates Company, Limited, relating to the State line of railway from Oakey to Mt. Russell, and to the proposed State line of railway from Mt. Russel1 to Cecil Plains, a copy of which Agreement, with the map attached thereto, is set forth in the. Schedule to this Act, [Schedule.] is hereby validated. (2.) All the provisions of "'Phe Railways Act of 1906,"* or any Act in substitution for the same, except where modified, varied, or negatived by the said Agreement, shall extend and apply to the said railways and each of them. During the currency of the said Agreement the said Act shall, in its application to the said railways and each of them, be read as one with the said Agreement. (3.) In the event of "The Railways Act of 1906,"* or the analogous provisions of any- Act in substitution for the same, ceasing to be applicable to the said railways or either of them, the sum of twenty thousand pounds paid by the said Company to the Treasurer as in the said Agreement provided shall be allocated towards the con- structional cost of the said railways in such proportions as the Commissioner thinks just. (4.) All su'ms of money which, in pursuance of the said Agreement, may from time to time become payable by the Treasurer are hereby appropriated for the purpose. THE SCHEDULE. AGREEMENT entered into this fourth day of December One thousand nine hundred and fourteen BETWEEN THE TREASURER OF THE STATE OF QUEENSLAND (hereinafter referred to as "the Treasurer") of the first part THE COMMISSIONER FOR RAILWAYS of the said State (hereinafter referred to as " the Commissioner") of the second part and THE TAYI.OR- ESTATES COMPANY LIMITED a Joint Stock Company duly incorporated and registered in accordance with the laws of the said State (which with its lawful assigns and successors in interest is hereinafter referred to as " the Company") of the third part WHEREAS pursuant to the laws in force within the said State a State line of railway is now in course of construction from Oakey on the Western Railway to Mt. Russell in the said State in length nineteen miles thirty chains or thereabouts in accordance with a plan section and book of reference approved by the Parliament of the said State * 6 Edw. VII. No. 15, supra, page 2915. (See now" The Railways Act of 1914," Part IV., supra, page 6326.)

6446 RAILWAYS AND TRAMWAYS. Mount Russell to Cecil Plains Railway Act. 5 GEO. V. No. 37, AND WHEREAS pursuant to " The Railways Act of 1906" a railway district under the name of " The Oakey-Mt. Russell Railway District" has been duly constituted and the said District comprises an area consisting in part of lands whereof the Company is the registered proprietor AND WHEREAS it is proposed to construct a State line of rail- way from Mt. Russell to Cecil Plains in continuation of the last- mentioned railway in length nineteen miles thirty-five chains or thereabouts in accordance with a plan section and book of reference prepared in that behalf by the Commissioner and the route of the said railway is delineated in the Schedule to this Agreement and it is proposed to submit the said plan section and book of reference for the approval of the Parliament of the said State AND WHEREAS pursuant to " The Railways Act of 1906"* a proposed railway district under the name of " The Mt. Russell- Cecil Plains Railway District" has been recommended by the Commissioner the boundaries whereof are delineated in the said Schedule and the said proposed railway district comprises an area consisting of a part of an Estate known as Cecil Plains whereof the Company is the registered proprietor and the route of the said railway runs through a portion of the said Estate for a distance of ten miles or thereabouts and the terminus of the said railway is proposed to be located within the boundaries of the said Estate AND WHEREAS it is provided by "The Railways Act of 1906"* that under and subject to the provisions and conditions of the said Act if and as often as the earnings of the Oakey-Mt. Russell Railway or the Mt. Russell-Cecil Plains Railway in any year after the completion of the same should amount to less than a sum equal to the cost of maintaining and working the same during such year together with interest for the same year at the rate of £3 per centum per annum upon the certified cost of construction thereof then and in every such case the amount of such deficiency should be paid and made good by means of a railway rate levied upon the ratepayers of the railway district constituted in respect of the same and by a contribution of the Treasurer made levied collected and paid in the manner provided by the said Act AND WHEREAS the Company in consideration of its being dis- charged from all obligation or liability at any time to pay any sum which may hP. levied upon or payable by the ratepayers of either of the railway districts aforesaid as and by way of a railway rate under the aforesaid provisions of the said Act to meet any such deficiency as aforesaid in respect of either such railway is willing to surrender to the Crown a strip of land along the route of the Mt. Russell-Cecil Plains Railway about ten miles in length by a width of one chain or thereabouts together with suitable areas for not less than two railway stations and yards and to pay to the Treasurer a sum of £20,000 AND WHEREAS the Company has already paid to the Commis- sioner the sum of £144 being the cost of the trial survey and trial plans of the Mt. Russell-Cecil Plains Railway * 6 Edw VII. No. 15, supra, page 2915. (See now" The Rai~ way8 Act of 1914," Part IV., supra, page 6326.)

I• RAILWAYS AND TRAMWAYS. - 6447 1914. ¥ount Russell to Cecil Plains Railway Act. AND WHEREAS it is desired that for the said considerations the aforesaid liability and obligation of the Company should be dis- charged and that to such extent the liability of the ratepayers of each of the aforesaid railway districts including the Treasurer should be varied AND WHEREAS the parties to these presents are desirous of entering into an Agreement for giving due effect to the objects aforesaid subject to its ratification by an Act of the Parliament of Queensland Now THIS AGREEMENT WITNESSETH that in consideration of the premises the Treasurer and the Company so far only as relates to his or its own acts hereinafter agreed to be done and performed do and each of them doth hereby severally agree with the Commis- sioner as follows:- (1.) In this Agreement unless the context otherwise indicates Interpreta. the following terms have the meanings assigned to them respectively tion. that is to say- " Railway District "-The Mt. Russell-Cecil rla,ins Rail- "Railway way District cQnstitu,ted in accordance with "The District." Railways Act of 1906' '* or any Act in substitution for the same and delineated in the Schedule hereto " Railway "-The Mt. Russell-Cecil Plains Railway to be" Railway." constructed by the route delineated in the Schedule hereto in length nineteen miles thirty-five chains or thereabouts in accordance with the plan section and book of reference approved by the Parliament of Queensland as hereinbeforementioned (2.) The Company will when· called upon so to do by the Company to COJllmissioner surrender to the Crown a strip of land along the surre!lder route of the railway on which the railway is to be constructed ce~ alll ~ anchl and being ten miles in length or thereabouts and one <;lhain in width : ~ rtafna e or thereabouts according to a survey made by direction of the payment. Commissioner and also surrender to the Crown such sites as the Commissioner may require on the property of the Company for the purpose of railway stations and yards not being less than two such stations and yards and the areas respectively whereof shall be such as are suitable for the purpose and are shown upon a surveyed plan to be prepared by direction of the Commissioner. The Company will also when required by the Treasurer pay to the Treasurer a sum of £20,000 sterling The said sum shall be held by the Treasurer until it is required by the Commissioner for the purposes of the construction of the railway and shall be paid over to the Commissioner upon a request or requests in writing either in one sum or in such instalments as the Commissioner thinks fit and requires for construction purposes While such sum or any part thereof remains in the hands of the Treasurer the Company shall be entitled to receive interest on the sum so remaining in his hands calculated at the rate of £4 per centum per annum and such interest shall be payable on the first days of July and January in each year Upon receipt of such moneys the Commissioner shall expend the same in the construction of the railway . * 6 Edw. VII. No. 15, supra, page 2915. (Spe now" Th9 Railway8 Act of 1914," Part IV., 8upra, page 6326.)

6448 RAILWAYS AND TRAMWAYS. Mount RU8sell to Cecil Plains Railway Act. 5 GEO. V. No. 37, 1914. Terminus. (3.) The termInus of the railway shall be located upon the property of the Company at such a site as shall be fixed by the Commissioner after consultation with the Company . Exoneration (4.) Notwithstanding anything contained in " The Railways f r r a f o t C e m . orm a I l ?j w an a y y A an c a t 1 o og f o1u9s06pr"O*Vo . IrS . Iionnsant h yeACctominpsaunbystsihtua I ti 1 onnotthearteaf ' onryatnImd ecobnetalil' naib.nleg to payor contribute to any Local Authority or to the Commissioner any sum as or by way of railway rate to meet any deficiency which may arise in any year in respect of the working of the Oakey-Mt. Russell Railway or the Mt. Russell-Cecil Plains Railway and the Company shall be and hereby is discharged from any obligation or liability to payor contribute to any such rate and none of the lands of the Company situated within either of the said railway districts shall be deemed to be rateable lands for the purposes of any such rate and any such deficiency in respect of either of the said railways shall be paid and made good by means of a railway rate levied upon the ratepayers of the railway districts respectively constituted in respect of the same exclusive of the Company and by the contribu- tion of the Treasurer as provided by law (5.) In keeping the railway accounts for the Oakey-Mt. Russell Railway and the Mt. Russell-Cecil Plains Railway the Commissioner shall in each year so long as the said railways or either of them are subject to the provisions of "The Railways Act of 1906"* or the analogous provisions of any other Act credit the said accounts respectively in such proportions as he thinks just with interest at the then current rate of interest on loan moneys on a sum of £21,144 being the aforesaid sums of £20,000 and £144 and also £1,000 the estimated value of the said lands surrendered by the Company to the Commissioner as hereinbefore provided and the said sUms so credited shall be deemed to be earnings of the said railways respectively in each year for the purpose of determining whether there is or is not any deficiency as aforesaid on the earnings of the said railways respectively in respect of the year concerned The allocation by the Commissioner of the said sums by way of earnings to the said railway accounts shall be final and conclusive Ratification (6.) This Agreement shall have no binding force or effect upon of the parties hereto or otherwise howsoever unless or until the same Agreement. has been ratified and approved by an Act of the Parliament of Queensland Upon being so ratified and approved this Agreement shall notwithstanding anything contained in "The Railways Act of 1906"* or in any other Act to the contrary be binding upon the parties hereto and on all ratepayers and other persons concerned and shall extend and apply to the Oakey-Mt. Russell Railway and to the Mt. Russell-Cecil Plains Railway IN WITNESS whereof the parties to this Agreement have hereunto set their hands and seals [L.S.] W. H. BARNES, Treasurer of Queensland. * 6 Edw. VII. No. 15, 8upra, page 2915. (See now" The Railways Act oj 1914," Part IV., supra, page 6326.)

RAILWAYS AND TRAMWAYS. 5 GEO. V. No. 4, 1914. Mourilyan and Geraldton TramwaY8 Act. The Official Seal of the Commissioner for Railways was affixed hereto by [L.S.] CHAS. EVANS, Commissioner for Railways. in the presence of ARTHUR J. CROWTHER, Secretary. Given under the Common Seal of The Taylor Estates Company I~ imited with the authority of the Board in the presence of JAMES TA YLOR a Director of the said Company [L.S.] JA1\'LES TAYLOR, in the presence of Director. G. G. CORY, J.P. Countersigned. [L.S.] SYDNEY AUSTEN, Secretary. 6449 An Act to Validate an Agreement entered into 5 Geo. V. between the Commissioner for Railways and N; ~ : . the Mourilyan Syndicate, Limited, for the ~ IO~ ~ ~ ~ YAN A cqul · remen t by the sal· d Comm. lss.loner, on G T E R R A A M L W ll A T Y O S N behalf of the Government, of the lVIourilyan ACT OF 1914. Tramway with its Appurtenances, and also to Validate an Agreement entered into between the Treasurer, the Commissioner for Railways, and the Council of the Shire . of Johnstone for the Acquirement by the said Commissioner of the Geraldton Tramway with its Appurtenances, and to Authorise the Construction of a Tramway to Connect the aforesaid Tramways, and for other consequential purposes. [ASSENTED '1'0 1ST SEPTEMBER, HH4..] B E it enacted by the King's Most Excellent )fajesty, by and with the advice and consent of the Legis- lative Oouncil 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 Jiourilyan and Short title. Geraldton Tramways Act of 1914."