Mourilyan and Geraldton Tramways Act of 1914 (5 Geo v No. 4) (Qld)

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."

0450 RAILWAYS AND TRAMWAYS. M ourilyan and Geraldton Tramways Act. 5 GEO. V. No. 4, Validation of 2. The Agl'eement entered into on the twenty-seventh ta~ r; ~ :; ~ :se day of May, one ~h? usand nine. hundred and four~ een, of Mourilyan between the CommIssIoner for RaIlways and the MourIlyan Tramway. Syndicate, Limited, for the acquirement by the said Com- missioner from the said company of the .M ourilyan Tramway with it<;; appurtenances, a copy of which Agree- Scl1edules I ment is set forth in the First Schedule to this Act, and' and 3. the route of which tramway is delineated and marked blue on the map in the Third Schedule to this A et, is hereby validated. AVgalriedeamtieonntfoofr 3. The AO'reement entered into on the ninth day tl • purchase of of July, one thousand mne hundred and fourteen, TGrearmalwdtaoyn. between the Treasurer, the Commissioner for Railways, and the Council of the Shire of .J ohnstone for the acquire- ment by the said Commis~ ioner from the said Council of the Geraldton Tramway with its appurtenances, a copy of Schedules 2 which A greement is set forth in the Second Schedule to and 3. this Act, and the route of which said tramway is delineated and marked green on the map in the Third Schedule to this Act" is hereby validated. Tramways to 4. Upon the passing of this Act the tramways in Cveosmt minis· the last two preceding sections mentioned resp~ ctively sioner. shall become vested in the Commissioner for Railways, and shall be worked and managed by him" as .a State Railway as hereinafter provided. Tramways to be connected. Schedule 3. 5. The Commissioner for Railways is hereby autho- rised and empowered to construct a line of tramway, connecting the said Mourilyan Tramway with the said Geraldton Tramway, with the necessary bridges and other constructional works, according to the route delineated and marked red on the map in the '1 hird Schedule to this Act. A ppliration of RailwaTs Acti. • 6. (1.) "The Railways Acts, 1863 to ]902,"* shall apply to the tramways acquired and constructed under this Act: Provided that, notwit?standing anything contained in the said Acts or any - By-laws made thereunder, the Commissioner for Rail ways, with the approval of the Governor in Council, is hereby empowered to impose and take special charges, rates, and fares for the conveyance of goods vnd passengers by the said tramways, and any * 27 Vie. No. 8 and amending Acts, supra, pages 2852 et seq. (See now . "The Railways Act of 1914," supra, page 6290.)

1914. RAILWAYS AND THAMWAYS. M ourilyan and Geraldton Tram'1IJays Act. 0451 such charges, rates, or fares may be higher or lower than those imposed and taken in respect of similar servicps on any State railway. (2.) "Tile Railways A.ct of 1906"* shall not apply to the said tramways or any of them. 7. All sums of money which are required for giving Appropria- effect to this Act are hereby al)propriated for the purpose tion. out of the ConRolidated Hevenuc :FuJld. FIRST SCHEDULE. AGREEMENT entered into this twenty-seventh day of May 1914 ['(/I s. 2.] BETWEEN the Connl1issioner for Railways of the State of Queens- land (hereinafter referred to as "the Commissioner") of the first part and the Mourilyan Syndicate Limited a joint stock company duly incorporated and registered under "The Companies Acts 1863 to 1913" t (hereinafter referred to as "the Company") of the second part. WHEREAS the Company has for many years past owned and worked a line of Tramway known as and hereinafter referred to as "the Mourilyan Tramway" of a gauge of two feet in the said State extending from lYlourilyan Harbour to the Company's Sugar Mill situated on the Johnstone River which said line of Tramway is constructed partly upon lands held from His Majesty under special leases numbered l'espectively No. 722 and 723 and partly upon lands held in fee-simple being resubdivisions 36 30 and 24 of Sub- division 2 of Portion 3 Parish of Mourilyan and also partly across and upon two public roads and has a total length of six and a-half miles or thereabouts and whereas the Company is also the owner of a certain wharf and buildings at Mourilyan Harbour which said wharf and buildings with their approaches and appurtenances are partly situated upon land held from His Majesty under special lease numbered No. 485 and are partly situated upon the foreshore of the said Harbour. AND WHEREAS the Commissioner acting for and on behalf of the Government of the said State is desirous of acquiring from the Company so much of the said Tramway as extends from Mourilyan Harbour aforesaid toa certain point near the Company's said Sugar Mill and being a length of 6 miles 30 chains or there- abouts and all appurtenances thereto and also the said wharf and buildings and all appurtenances thereto and the Company is willing to sell the aforesaid property to the Commissioner for the considera- tion and subject to the terms conditions covenants and stipulations hereinafter mentioned. Now THIS AGREEMENT WITNESSETH that in consideration of the premises and of the respective covenants conditions and stipUlations * 6 Edw. VII. No. 15, supra, page 2915. (See now" The Railu·ays Act of 1914," Part IV., 8upra, page 6326.) t 27 Vic. No. 4 and amending Acts, 8upra, pages 186 et Beq. and 5829.

6452 RAILWAYS AND TRAMWAYS. lff ourilyan and Geraldton Tramways Act. 5 GEO. V. No. 4, hereinafter contained the said parties do and each of them doth mutually covenant promise and agree with and to the other of them as follows that is to 8.ay- 1. The Company hereby transfers to the Commissioner representing the Government of Queensland the Special Leases aforesaid numbered respectively Nos. 722 723 and 485 and part of the lands aforesaid namely resub- divisions 36 and 30 of Subdivision 2 of Portion 3 Parish of Mourilyan and part of resubdivision 24 of the same subdivision portion and parish which said part of resub- division 24 shall be delimited by the Commissioner and all the right title and interest whatsoever of the Com- pany in so much of the Mourilyan Tramway constructed from Mourilyan Harbour to a certain point near the Company's Sugar Mill situated on the Johnstone River in length six miles and thirty chains or thereabouts and in the wharf and other buildings situated at Mourilyan Harbour aforesaid and in all the lands leases rights rights of way easements buildings bridges structures stations sidings tramlines accommodation works appli- ances and property whether real or personal corporeal 01' incorporeal other than rolling stock and other movables of the Company used or enjoyed by the Com- pany for or in connection with or appurtenant to said portion of the said Tramway and the said wharf and other buildings and all rights claims and demands what- soever of or by the Company in or in respect of the said portion of the said Tramway and the said wharf and other buildings and will give peaceable possession of the same and every part ther~ of to the Commissioner. The Company covenants to give a good and clear title to the Commissioner to all the premises hereby transferred. 2. In consideration of the aforesaid transfer by the Com- pany of the said leases and lands and portion of the said Tramway and the said wharf and other buildings and all the premises aforesaid to the Commissioner the Commissioner shall pay to the Company the sum or price of £12,100. The payment of the said sum shall be the total consideration that shall pass or be given by the Commissioner to the Company for the aforesaid transfer. 3. The Commissioner 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 other- wise enclose the said leaseholds or lands or portion of the said Tramway or any lands occupied by or used in connection with the same or any land occupied by the said wharf and buildings or appurtenances. 4. Nothing in this Agreement contained shall be construed to give or confer on the Company or any other corpora- tion 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

RAIL,WAYS AND THAl\IWAYS. 191±. Mourilyan and Geraldton Trannoays Act. with the portion of the Mourilyan Tramway hereby expressed to be transferred to the Commissioner or in the event of the Commissioner being at any time hereafter empowered or authorised to deviate or alter the route of or remove or discontinue the said portion of 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 or in respect of any loss damage or injury whatsoever thereby occasioned or alleged so to be. 5. The Company doth hereby covenant with the Commis- sioner that the Company will at all times at the cost and charges of the Commissioner execute and do every such lawful agreement transfer assignment release instrument assurance or thing as the Commissioner may require for' the more effectually transferring all or any of the said premises hereinbefore expressed to be hereby transferred free of any mortage or other encumbrance and discharged from all rights claims and demands whatsoever of the Company or of any other person whomsoever and for the more effectually enabling the Commissioner to obtain the full benefit of this Agree- ment the Company doth by these presents irrevocably appoint the Commissioner the true and lawful attorney of the Company in the name of the Company at any time or times hereafter at the cost and charges of the Commissioner to make or perfect any transfer and delivery of any of the said premises hereinbefore expressed to be hereby transferred and not passing at law by the effect of the transfer hereinbefore contained and doth empower the Commissioner to use and affix the corporate seal of the Company to any agreement transfer assignment release instrument or assurance in that behalf and generally to make do and execute all such instruments writings and things relating to the said premises at his discretion as fully and effectually as the Company could do if acting therein and the Com- pany hereby agrees to ratify and confirm all the Com- missioner shall do under this present power for any d the purposes aforesaid. 6. Forthwith upon the execution of this Agreement but subject to the provision next hereinafter contained the aforesaid special leases and lands and the said portion of the said Tramway and the said wharf and other buildings and all the said premises hereinbefore expressed to be hereby transferred and each and every of them shall be divested from the Company and become and be vested in the Commissioner and all other the provisions of clauses 1 2 3 4 and 5 hereof shall take effed. Provided nevertheless that this Agreement shall have no forec or effect whatsoever unless or until the same has been ratified and approved by an Act of the Parliament of Queensland. 6453

6454 HAlLWAYS AND TRAMWAYS. Monrilyan and Geraldton Tramways Act. 5 GEO. V. No. 4, IN WITNESS WHEREOF the parties to this Agreement have here- unto set their hands and seals. The Official Seal of the Commissioner for Railways was affixed hereto by (Sgd.) W. PAGAN, in the presence of Deputy Commissioner. (Sgcl.) .AR'fHUR J. CROWTHER, Secretary. The Common Seal of the Mourilyan Syndicate Limited was affixed hereto by order of the Directors. (Sgd.) H. L. GILL, Director. (Sgd.) in the presence of (Sgd.) J. H. PAYNE, L. J. DUFFY, Secretary. A Justice of the Peace. As mortgagees Howard Smith Company Limited consent to the above Agreement. Signed by Howard Smith"') Company Limited by their I duly authorised agent John r- Mackenzie Adams in the I presence of j Howard Smith Company Limited by its duly author- ised agent (Sgd.) JAMES C. ROBERTS, Solicitor, Brisbane. (Sgd.) J. M. ADAMS. [See s. 3.] SECOND SCHEDULE. AGREEMENT entered into this ninth clay of July One thou- sand nine hundred and fourteen BETWEEN the Treasurer of the State of Q:ueensland (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 Council of the Shire of J ohnstone a Local Authority within the meaning of " The Local Authorities Act of 1902"* (hereinafter referred to as " the Council ") of the third part. WHEREAS the Council has under the authority of an Order in Council dated the ninth day of February One thousand eight hundred and ninety-nine issued under "The Tramways Act of 1882 "t constructed a tramway and certain branch lines thereof * 2 Edw. VII. No. 19, 8upra, page 1860. t 46 Vie. No. 10, supra, page 2945.

HAlLWAYS AND TRAMWAYS. 1914. J1f ourilyan and Geraldton Tramtoays .Act. which said tramway with such branch lines is known and is herein- after referred to as " the Geraldton Tramway" being a tramway constructed from Innisfail in the said State in a westerly direction sixteen and three-quarter miles in length or thereabouts with a branch line from the five-mile point thereof to Basilisk three miles in length or thereabouts and also a branch line from Kalbo one and a-half miles in length or thereabouts and also divers short sidings. AND WHEREAS the cost of the said tramway was defrayed by the Council by means of a loan from the Treasurer granted under " The Local Works Loans Acts, 1880 to 1899."* AND WHEREAS on the fourteenth day of June one thousand nine hundred and fourteen at which date these presents are to take effect but subject as hereinafter provided the sum of Fifty- nine thousand six hundred and fifteen pounds fifteen shillings and three pence remained outstanding and unpaid by the Council in respect of principal and interest on the said loan which indebted- ness the Council doth hereby acknowledge to be correct. AND WHEREAS the Commissioner acting for and on behalf of the Government of the said State is desirous of acquiring from the Council the said tramway and its appurtenances and all rolling- stock and other the property of the Council used by the Council for the purposes of or in connection with the said tramway and the Council is willing to sell the aforesaid property to the Commis- sioner for the consideration and subject to the terms conditions covenants and stipulations hereinafter mentioned. AND the Trea- surer is willing to become a party to these presents for the consideration hereinafter appearing. Now THIS AGREEMENT WITNESSETH that in consideration of the premises and of the respective covenants conditions and stipulations hereinafter contained the said parties do and each of them doth mutually covenant promise and agree with and to the other of them as follows that is to say- 1. The Council hereby transfers to the Commissioner repre- senting the © State of Queensland all the right title and interest whatsoever of the Council in the Geraldton Tramway constructed from Innisfail in a westerly direction sixteen and three-quarter miles in length or thereabouts with a branch line from the five-mile point thereof to Basilisk three miles in length or thereabouts and also a branch line from Kalbo one and a-half miles in length or thereabouts and divers short sidings and all the lands rights-of-way easements buildings bridges structures stations sidings tramlines accommodation works appliances rolling-stock and property whether real or personal corporeal or incorporeal of the Council used or enjoyed by· the Council for or in connection with or appurtenant to the said Tramway and all rights claims and demands whatsoever of or by the Council in or in respect to the said Tramway. AND will give to the * 44 Vie. No. 9,62 Vie. No. 9, and 63 Vie. No. 7, 8upra, pages 2023 et seq. '£ 6455

64156 RAILWAYS AND TRAMWAYS. M(J'/t/'ilyan and Geraldton Tramways Act. 5 GEO. V. No. 4, Commissioner peaceable possession of the premises for all the purposes of this Agreement subject always to the provisions contained in Clause 7 hereof. The said transfer of the premises shall be deemed to have been made on the fourteenth day of June One thousand nine hundred and fourteen and this Agreement shall be read and construed to the intent that on and after the said last-mentioned date the premises and each and every of them shall be deemed to have vested and to be vested in the Commissioner. Fire Insurance policies and Accident Insurance policies held by the Council will be transferred to the Commissioner. The Council covenants to give a good and clear title to the Commis- sioner to all the premises hereby transferred. 2. In consideration of the aforesaid transfer by the Council of the said Tramway and all the premises aforesaid to the Commissioner the Commissioner shall pay to the Treasurer for and on behalf of the Council the sum of Thirty-four thousand five hundred pounds and the said sum shall be accepted by the Treasurer in partial extinguishment of the sum of Fifty-nine thousand six hundred and fifteen pounds fifteen shillings and three pence hereinbefore mentioned being the amount of the indebtedness of the Council on the fourteenth day of June One thousand nine hundred and fourteen to the Treasurer in respect of the loan borrowed from the Treasurer by the Council with interest thereon as here- inbefore mentioned. The receipt of the Treasurer for the said sum of Thirty-four thousand five hundred pounds shall be accepted by the Conncil as payment to the Council by the Commissioner of the said sum. The payment or the said sum in manner hereinbefore mentioned shall be the sole consideration that shall pass or be given by the Commissioner to the Council for the aforesaid transfer. 3. The Commissioner 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 said Tramway or any land occupied by or used in connection with the same or any part of the appurtenances thereof. 4. The Council doth hereby covenant with the Commissioner that the Council will at all times at the cost and charges of the Commissioner execute and do everv such ll\wful agreement transfer assignment release inst"i-ument assur- ance or thing as the Commissioner may require for the more effectually transferring all or any of the said premises hereinbefore expressed to be hereby transferred free of any claim or of any mortgage or any other encum- brance and discharged from all rights claims and demands whatsoever of the Council or of any other person whomsoever and for the more effectually enabling the Commissioner to obtain the full benefit of this Agree- ment the Council doth hy these presents irrevocably

RAILWAYS AND TRAMWAYS. 1914. M ourilyan and Geraldtrm, Tramways Act. appoint the Commissioner the true and lawful attorney of the Council in the name of the Council at any time or times hereafter at the cost and charges of the Commissioner to make and perfect 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 doth empower the Commissioner to use and fix the corporate seal of the Council to any agreement transfer assign- ment release instrument or assurance in that behalf and generally to make do and execute all such instru- ments writings and things relating to the said premises at his discretion as fully and effectually as the Council could do if acting therein and the Council hereby agrees to ratify and confirm all the Commissioner shall do under this present power for any of the purposes aforesaid. 5. PROVIDED NEVERTHELESS that the Commissioner shall not be bound to execute or carry on or fulfil or have any liability or obligation in respect of any or any part of any contract agreement arrangement or understanding which prior to the date of these presents the Council shall or may have made or entered into with any cor- poration joint stock company persons or person for or in connection with the carriage or conveyance of any traffic of any description whatsoever in or upon the said Tramway or any part thereof or for or in respect of the use by any corporation joint stock company persons or person of the said Tramway or any part thereof.. AND the Council doth hereby agree with the Commissioner that he shall not be bound to recognise the existence of any right or easement that may exist or may be claimed in or over the said Tramway or any part thereof. AND FURTH1j:R the Council doth hereby indemnify the Commissioner and will hold him harmless against and in respect of each and every claim demand covenant and right which any corporation joint stock company persons or person may make have or seek to enforce against the Commissioner for or in respect of or in any way arising or resulting from any of the matters in this clause mentioned. 6. From and after the fourteenth day of June One thousand nine hundred and fourteen and subject to the provision next hereinafter contained the said Tramway with all the premises expressed to be hereby transferred and each and every of them shall be divested from the Council and become and be vested in the Commissioner and all the other provisions of Clauses 1, 2, 3, 4, and 5 hereof shall take effect. 7. PROVIDED NEVERTHELESS that this Agreement shall have no force or effect whatsoever unless and until the same has been ratified and approved by an Act of the Parlia- ment of Queensland. 6457

HAlLWAYS AND TRAMWAYS. ilfourilyan and Geraldton Tramways Act. 5 GEO. V. No. 4, UJ14. IN WITNESS WHEREOF the parties to this Agreement have here- unto set their hands and seals. SIGNED AND SEALED by the Treasurer of Queensland W. H. BARNES, in the presence of Treasurer. W. L. FOWLES, 'Ul1drr Secretary. The Official Seal of the Commissioner for Railways was affixed hereto by (Sgd.) W. PAGAN, in the prrsence of Deputy Commissioner. ARTHUR J. CRQWTHER, Secretary. The Common Seal of the Council of the Shire of Johnstone was affixed hereto by P. A. MARGACH, ill the presence of Chairman. T. H. F1TZGERALD, Shire Clerk. ROCKHAMPTON HARBOUR. See H \llBOURS. ROYAL AGRICULTURAL SOCIETY OF QUEENSLAND LAND MORTGAGE. See PARKS AND PUBLIC LAND. ..