Munro's Tramway Act of 1904 (4 Edw VII) (Qld)

8778 PFEIFFER ESTATE—RAILWAYS AND TRAMWAYS. Munro' s Tramway. 4 Thriv. VII., The costs of every such application shall be in the discretion of such Court or Judge. Investments 5. The Trustees shall stand possessed of the said ttohebTe rhuesltds oonf thirty thousand eight hundred and eighty-one shares in. the Will and The Day Dawn Freehold Consolidated Gold Mines, Limited, Codicil, and of every other investment made by them under the powers hereinbefore contained, and of the annual profits and income of such shares and investments, upon and for the same trusts, intents, and purposes as are in the said Will and Codicil contained with respect to the inveStrnents therein authorised to be made and the annual profits and income thereof. Short title. 6. This Act may be cited as " The Pfeiffer Estate Enabling Act of 1904..' QUEENSLAND NATIONAL BANK, LIMITED, AGREEMENT. See BANKS. RAILWAYS AND TRAMWAYS. 4 Edw. VII. An Act to Authorise Duncan Munro to Complete THE MUNRO'S TRAMWAY and Maintain and Work a Tramway con- OT OF 1904. structed and in course of construction by him from Hampton Railway Station, on the Crow's Nest Branch of the Southern and Western Railway, to Perseverance. [ASSENTED TO 14TH DECEMBER, 1904.] Preamble. W HERE AS Duncan Munro, of Toowoomba, in the © State of Queensland, carrying on business at Too- woomba aforesaid and elsewhere as a sawmiller and timber merchant, under the firm-name of "A. & D. Munro," has, for the purposes of his said business, constructed a tram- way seven miles in length or thereabouts from Hampton Railway Station, on the Crow's Nest Branch of the Southern and Western Railway, to his sawmills, on Perseverance Creek, according to the route delineated in the Schedule to this Act, and has for some time maintained and worked the same: And whereas the said Duncan Munro has, for the purposes of his said business, found it necessary to extend the said tramway

RAILWAYS AND TRAMWAYS. 8779 1904. Munro's Tramway. to Perseverance, 'a further distance of three miles or thereabouts, and such extension is now being constructed 4 according to the route delineated in the Schedule to this Act, but such extension is not yet completed: And whereas the said tramway traverses certain public roads within the Shire of Highfields, and the Council of the said Shire has consented thereto: And whereas the said tramway has been constructed, maintained, and worked, and such extension is being constructed without statutory authority in that behalf, and it is expedient that the acts of the said Duncan Munro in the construction, maintenance, and working of the said tramway and in the construction of such extension should be validated, and that he should be empowered to complete and maintain and work the said tramway from Hampton Railway Station to Perseverance according to the route aforesaid, subject, however, with respect to public traffic on the said tramway, to such rules in that behalf as may be made by the Queensland Railway Commissioner: Be it therefore enacted by the King's Most Excellent Majesty, by and with the advice and consent of the Legislative 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 31unro's Tramway Short title. Act of 1904." mean2s. aInnd tihncisluAdecstDthuenceaxnpMreusnsrioo,nhi" sthheeirps, roexperciuettoorrs" , t I i n o t n e . rpreta- administrators, and lawful assigns; the expression "the Commissioner" means the officer for the time being acting as the Queensland Railway Commissioner. 3. The construction by the said Duncan Munro of a construction tramway from Hampton Railway Station, on the Crow's validatedaan d t, Nest Rranch of the Southern and Western Railway, to completion, his sawmills, on Perseverance Creek, in length seven •eantourciete,d:. miles or thereabouts, according to the route delineated in the Schedule to this Act, and the maintenance and working by him of the same, and the extension now under con- struction by him of the said tramway towards Perseverance, according to the route aforesaid, are hereby declared to be and to have been lawful for all purposes. It shall be lawful for the proprietor to complete the said extension of the said tramway, in length three miles or thereabouts, to Perseverance according to the route aforesaid, and to main- tain and work the whole of the said tramway so completed.

8780 RAILWAYS AND TRAMWAYS. Munro's Tramway. 4 EDW. VII., Motive power. 4. The proprietor may use and employ upon the said. tramway locomotive engines propelled by steam or other. motive power, and carriages and wagons to be drawn and propelled thereby. Public traffic. 5. The proprietor may, with the consent of the Commissioner, and shall, if so directed by the Commissioner, carry for hire upon his tramway passengers, or goods, live stock, or material for the public; and shall, when so directed by the Commissioner, discontinue to demand or recover any tolls, fares, rates, or charges for the carriage upon the said tramway of passengers, or goods, live stock,. or material for the public. In such case the Commissioner may from time to time make rules for the maintenance and working of the. tramway and the regulation of traffic thereon: Provided that the proprietor shall not be entitled to demand or recover for the carriage of any passengers,. goods, live stock, or material as aforesaid any tolls, fares, rates, or charges exceeding the amount payable in respect of similar services on the Government railways of the State under by-laws in force for the time being of the, Commissioner: Provided further that the proprietor shall not make or give any undue or unreasonable preference or advantage to or in favour of any particular person or class of persons.. or any particular description of traffic, or subject any particular person or class of persons or any particular. description of traffic to any undue or unreasonable dis- advantage in any respect whatsoever; and this provision may be enforced by the Supreme Court upon the applica- tion of any person aggrieved, by the issue of an injunction or other process according to the practice of the said Court: Provided further that, if the Government should at. any time construct and maintain any line of railway or tramway adjacent to the tramway, the proprietor shall not be entitled to claim any compensation from the Govern- ment for any losses that may accrue from such action of the Government. Purchase by 6. (I.) Upon the completion of the tramway the tGhoevernment. cCoosmt omfiscsoinosnterrucshtiaolnl, obfytahecesratmifiec. aItne, cdeerctilfayreintghetoacstuucahl cost the Commissioner shall include therein such pay-. ments as are properly included by him in ascertaining the actual cost of the construction of a line of railway.

RAILWAYS AND TRAMWAYS. 1904. .71funro's Tramway. authorised by Parliament. For the purpose of ascertaining such cost the proprietor shall furnish to the Commissioner a proper statement of account, accompanied by all vouchers showing all payments made by him in respect of the con- struction of the tramway. Such accounts and vouchers shall be deposited in the office of the Commissioner, and be retained by him. (2.) The Secretary for Railways, on behalf of the Government, may at any time after the completion of the tramway, by notice in writing, require the proprietor to sell, and thereupon the proprietor shall sell, to the Government the tramway and rolling-stock upon the terms of payment by the Government to the proprietor of the then value thereof, such value in case of difference to be ascertained by arbitration in accordance with the provi- sions of the "Interdict Act of 1867." But the value of the tramway, for the purposes of this subsection, shall not under any circumstances be taken to be more than the actual cost of construction, of which cost the certificate of the Commissioner hereinbefore provided for shall be con- clusive evidence. (3.) When a sale in pursuance of this section is made to the Government the tramway shall vest in the Commis- sioner as fully and effectually to all intents and purposes as if the same had been transferred and conveyed to him by the proprietor; but, nevertheless, the Commissioner may, if he thinks fit, demand a transfer or conveyance, and the proprietor shall thereupon execute the same. * 31 Vie. No. 11, supra, page 994. 8'781

THE SCHEDULE MUNRO'S TRAMWAY MAR SWOIW NG APPROXIMATELY THE TRAMWAY LINE 0 34 t=i25z — SCALE — MILtS imimziwil REFERENCE. TRAMWAY vols # liON foil 841 / 2m 0. R0UC' 1071 UNDER C° P qv PlOSEVVIAIKIC 77 -2455 .5 Lon, /67"10'09-E 44. br.b 72v 4.1 5 s' 21—.10-011r.