Scartwater Station Trust Extension Act of 1941 (5 Geo Vi No. 5) (Qld)

TRUSTEES AND EXECUTORS. 5 GEO. VI. No. 5, 1941. Scartwater Station Trust Extension Act. 305 TRUSTEES AND EXECUTORS. An Act to Make Provision whereby the Benefits of 5 G N E o O . . 5 V . I. a Certain Trust Property known as SCARTTHWEATER "Scartwater Station" shall be Applied and STTRAUTSIOTN EXTENSION Extended to Certain Soldiers and Their A 1 C 9 T 41 O . F Dependants in respect of the Present War, and for purposes incidental thereto and consequent thereon. [ASSENTED TO 13TH NOVEMBER, 1941.] ~ XTHEREAS pursuant to an Indenture made on the Preamble. \"l third day of October, one thousand nine hundred and twenty (herein referred to as the" said Indenture") between the late The Honourable John Harry Coyne, Minister for Lands for and on behalf of the Government of Queensland (hereinafter with his successors in office called" the Minister") of the first part, Messrs. Arthur Henry Wickham Cunningham, Edward George Lascelles, Adam John Hall Scott, Albert Smith, John Edgerton, James Maltby, ~o: rge Eagleton Kent, Thomas Arthur Atherton, Angus de Salis Nicolson, all of Bowen or in the vicinity thereof, of the second part, The Public Curator of Queensland (herein referred to as "the Public Curator") of the third part, and William Gordon Graham, Edward George Lascelles, David McKenzie Allan, of Brisbane, and the said Arthur Henry Wickham Cunningham of the fourth part, the Minister vested in the Public Curator a lease of certain lands described in the Schedule to the said Indenture containing an area of 280i square miles of land known as "Scartwater," more particularly described in the said Indenture, and situate in the Counties of Sellheim and Chataway and Parishes of St. Anne, Stroudwater, and Scartwater in the said State, and pursuant to such vesting the Public Curator became the accepted lessee of the said lands under the provisions of Part Ill., Division I., of *" The Land Act of 19lO " as from the first day of January, one thousand nine hundred and twenty: And whereas the parties thereto of the second part assigned certain cattle, horses, live stock, fixtures, and improvements: * 1 G. 5 No. 15 and amending Acts. See v. 5, pp. 15 et seq.

306 TRUSTEES AND EXECUTORS. Scartwater Station Trust Extension Act. 5 GEO. VI. No. 5, And whereas the said Indenture specified that the said lease, cattle, horses, live stock, fixtures, and improvements and all other real or personal property now or hereafter acquired for the purposes therein set forth and subject to the said Indenture (hereinafter referred to as "the Trust property") were to be used for the purpose of carrying on the business of grazier and other business or business allied thereto or which might be conveniently carried on in connection therewith (hereinafter called "the said business") the name of the said business to be " Scartwater Station " : And whereas by virtue of the said Indenture the Public Curator was appointed Custodian Trustee of the said property under the provisions of and subject to all the rights, powers, and duties attaching to such trusteeship by the Public Curator Acts, excepting as to anything to the contrary therein expressed or implied: And whereas the said William Gordon Graham, Edward George Lascelles, David McKenzie Allan, and Arthur Henry Wickham Cunningham, and the survivors and survivor of them (thereinafter with any other persons to be appointed Managing Trustees thereof referred to as " the Managing Trustees ") were by virtue of the said Indenture appointed the Managing Trustees of the said property within the meaning of section forty-two of the said the Public Curator Acts, excepting as to anything to the contrary therein expressed or implied: And whereas clause five of the said Indenture (as subsequently amended in respect of the names of electoral districts comprised therein) provided that the Trust property should be managed and administered by the Managing Trustees for the benefit of- (a) Returned soldiers who enlisted during the Great War from or were residents of the Area comprised within the boundaries of the State Electoral Districts (as then constituted) of Bowen, Townsville, Mundingburra, Charters Towers, Queenton, Kennedy, Flinders, and Herbert, so much of the Electoral District of Gregory as is comprised in its Divisions of Hughenden and Muttaburra, and so much of the Electoral District of Leichhardt as is to the north of the southern boundaries of

1941. TRUSTEES AND EXECUTORS. Scartwater Station Trust Extension Act. Doongmabulla, Labona, Moray Downs, Durdham, Frankfield, Kutchi, Barcombe, Kilcummin, Logan Downs, and Logan Downs East Stations; and (b) Wounded or disabled soldiers who enlisted during the Great War from or were residents of the Area aforesaid; and (c) The widows, children, and other dependants of all such soldiers as aforesaid: And whereas due provision was made by the said Indenture for the proper administration of the Trust property and for the appointment and/or removal of the Managing Trustees and for the filling of vacancies therein: And whereas by reason of death or other causes various changes have been made in the personnel of the Managing Trustees: And whereas the existing Managing Trustees are Arthur Henry Wickham Cunningham, Arthur Pott, George Whitfield Wilson, and Vivian Arthur Toms (herein referred to as " the existing Managing Trustees ") : And whereas the Public Curator and the existing Managing Trustees have applied to the Government for authority to enable the benefits accruing from time to time from the Trust property to be applied and extended not only to persons who were so entitled pursuant to the said Indenture under or in connection with the Great War but to persons in the same Area as set out aforesaid and under similar circumstances under or in connection with the present War: And whereas the Branch of the Returned Sailors, Soldiers and Airmen Imperial League of Australia (known as the Northern Branch of the said League) which has materially assisted in the successful manage- ment of the objects and purposes of the said Indenture recommends such aforesaid application, and the said League also approves: And whereas the Government of Queensland has approved of such application and has consented to the introduction and passage of the necessary legislation regarding same- Be it therefore enacted by the King's Most Excellent Majesty, by and with the advice and consent of the 307

308 TRUSTEES AND EXECUTORS. Scartwater Station Trust Extension Act. 5 GEO. VI. No. 5, Legislative Assembly of Queensland in Parliament assembled, and by the authority of the same, as follows ;- Short title. l. This Act may be cited as" The Scartwater Station Trust Extension Act of 1941." Interpre- tation. 2. In this Act unless the context otherwise indicates or requires, the following terms have the meanings respectively set opposite to them, that is to say;- Area. " Area "-The Area as described in sub-paragraph (a) of the sixth paragraph of the Preamble to this Act, being the paragraph commencing with the words" And whereas clause five" and ending with the words "as aforesaid" ; Great War. "Great War "-The War which began on the fourth day of August, one thousand nine hundred and fourteen, between His late Majesty King George the Fifth and the late German Emperor and His late Majesty King George the Fifth and the late Emperor of Austria King of Hungary, and ended pursuant to the Treaty of Peace signed at Versailles on the twenty-eighth day of June, one thousand nine hundred and nineteen; Managing Trustees. "Managing Trustees "-The existing Managing Trustees, being Arthur Henry Wickham Cunningham, Arthur Pott, George Whitfield Wilson, and Vivian Arthur Toms, and the survivors and survivor of them and any other persons hereafter to be appointed as Managing Trustees pursuant to the said Indenture and referred to in the Preamble to this Act ; Minister. " Minister "-The Secretary for Public Lands or other Minister of the Crown who for the time being performs his duties; Present War. " Present War "-The War existing between His Majesty the King and Germany which commenced on the third day of September, one thousand nine hundred and thirty nine; and between His Majesty the King and Italy which commenced on the eleventh day of June, one thousand nine hundred and forty;

TRUSTEES AND EXECUTORS. 309 1941. Scartwater Station Trust Extension Act. " Public Curator "-The Public Curator Public constituted under the Public Curator Acts; Curator. "Public Curator Acts "-*" The Public Ourator Public i A n ct s s u , b1s9t1l· t5u·t t l o On19t3h8e,r"e £ oorra;ny Act amending or ACuctrsa. tor "The Trust property" - The Trust property, The Trust being Scartwater Station, as set forth in the property. said Indenture and referred to in the Preamble to this Act. 3. (1.) (a) In addition to the present objects andExtel!sion purposes of the said Indenture referred to in the Preamble ~~ ~ ~ ~ ~ ~ ~ st. of this Act it is hereby declared and enacted that the Trust property shall also be managed and administered by the Managing Trustees for the benefit of- (a) Returned soldiers who enlist or who prior to the passing of this Act have already enlisted during the present War from or were residents of the Area ; (b) Wounded or disabled soldiers who enlisted during the present War from or were the residents of the Area; and (c) The widows, children, and other dependants of all such soldiers as aforesaid. (b) For the purposes of this subsection, the term "soldier" means a person who is or was a member of any of the Naval, Military, or Air Forces of the Commonwealth. And the said Indenture shall be and be deemed to be amended accordingly. (2.) The Public Curator shall be and continue to Public be the Custodian Trustee within the meaning of the Public Curator. Curator Acts of the Trust property. (3.) The said Indenture as so amended shall be Indenture. valid and effective accordingly. (4.) The Trust property shall continue to be Indenture managed and administered by the Managing Trustees in ~ o ~ ontinue accordance with the provisions of the said Indenture as so In orce. amended, and such Managing Trustees shall have and exercise and continue to have and exercise the powers, duties, authorities, and functions as set forth in the said Indenture as so amended. * 6 G. 5 No. 14 and amending Acts. See v. 9, pp. 627 et Beg.

310 TRUSTEES AND EXECUTORS. Scartwater Station Trust Extension Act. 5 GEO. VI. No. 5, 1941. Managing (5.) The provisions of the said Indenture as to the Trustees. appointment and/or removal of Managing Trustees shall continue in full force and effect. Area. 4. For the purposes of this Act the Area shall be the same as is defined by this Act: Provided that the names of Electoral Districts or parts of Electoral Districts comprised in such Area shall be construed as meaning the names of the Electoral Districts or parts of the Electoral Districts as are now constituted pursuant· to *" The Elections Acts, 1915 to- 1940." RofaAtifcitcsa. tion prior 5 t . o Athlle apcatsss, inmgaottfetrhsi,s aAncdt wthhiincghs ifdodnoeneosrubexseeqcuuetendt to the passing of this Act would be valid and lawful are hereby approved, validated, ratified, and confirmed. Regulations. 6. The Governor in Council, on the recommendation of the Minister, may from time to time make any regulations which he may consider necessary or convenient to carry out the objects and purposes of this Act. Such regulations shall be published in the Gazette, and on being so published shall have the same effect as if they were enacted in this Act and shall be judicially noticed and shall not be questioned in any proceedings whatsoever. * 6 G. 5 No. 13 and amending Acts. See v. 3, pp. 233 et seg.