Sugar Works Act of 1911 (2 Geo v No. 8) (Qld)

SFGAR WORKS. 2 GIW. V. No. 8, 1911. Su.qar Works Ael. 5211 . SUGAR WORKS. An Act .to Authorise the Construction and Estab- 2 Geo. V. lishntent of 'Sugar Works by Means of Moneys No. 8. Advanced by the State, and to Provide for the $~ !:sc'i~~ Repayment of such Moneys and for the Main- OF 1911. tenance, Management, and Control of such Sugar Works, and for other purposes connected therewith. ' [ASSENTED TO 26TH OCTOBER, 1911.J B E it enacted by the King's Most Excellent Majesty, . by and with the advice a,nd consent of the Legis- lative Council and Legislative Assembly of Queensland in Parliament assembled, and by the authority of the sam~ , as follows :- 1. This Act may be cited as " The Sugar Works Act Short title. of 1911." 2. In this Act, unless the context otherwise indicates, Interpreta. the following terms have the meanings set against them tion. respectively, [hat is to say : - "Cane Credit "-All sums consisting of- (a) Such percentage of the price paid by the Cane credit. Corporation to suppliers of cane as the Cor- poration considers to fairly represent money appropriated towards the repayment to the 'l'reasurer of the loan with interest; and (b) Moneys paid 10 the Corporation by owners and occupiers of land within a sugar works area by way of rates to meet any annual deficiency; . "Cane Land "-Land which is suitable for the Cane land. growth of sugar-cane and of a quality to produ( ~ e adequate crops of cane; "Corporation,,-rrhe Corporation of the rrreasurer Corporation. of Queensland created by " The ~ ugar Works Guarantee Acts Amendment Act of 1908"* ; " Land "-Any estate or interest in land: the term Land. doe~ not include vacant Crown land; " Mill 8ite"-The land on which is erected or is to Mill site. be erected the mill buildings and machinery and the appurtenances thereof; • .. 8 Rdw. VII. No. 10, supra, page 3423.

... . ~ . , 5212 , SUGAR WORKS. SU.,!"'1' Works Act. 2 GIW. V. No. 8, Occupier. Owner. Regulations. Sugar Work•. Sugar Works Area. This Act. "Occupier"-The person in actual occupation of any 1and; or if there is no person in actual occupation the person entitled to ,possession thereof; , "Owner" • -The person other than His Majesty who for the time being is cntitleJ to receive the rent of any land or who, if the same were let to a tenant at a rack rent, would be entitled to receive the rent. thereof: the term includes any lessee from the Crown holding' under a longer tenure than a tenancy from year to year, and any superintendent, overseer, or manager for such lessce residing on the holding; " Regulations"-Regulations made under this Act; "Sugar Works"-Any mill for t he extraction and manufacture of sugar and the by-products thereof, together with all machinery, chattels, and appurtenances used therein or in con- nection therewith, and all tramways and railways leading thereto, and the mill site and all land used in connection with any such tramway or railway; " Sugar ".,.orks Area"-A sugar works area created by Order in Council under this Act. "This Act "-'rhis Act and any Order in Council or regulatiolls made thereunder; Application 3. Subject to this Act, persons being owners or for mill. occupiers of cane lands within a specified locality may • make application to the Governor in Council for the construction of sugar works upon a suitable site in such locality, and for the extension of the provisions of tbis Act to such locality and to the owners and occupiers of land therein. Particulars to be give.n in the application. 4~ (1.) Every such application shall- (i.) State with full particularity the situation and probable cost of the mill site and the nature and e~timated cost of the buildings, machinery, and other works to be constructed; ~ Uld (H.) Describe the boundaries of an area, inclusive of the mill site, suitable to be created a sugar works area, and upon the lands comprised in which it is intended to grow cane in sufficient

SUGAR WORKS. 521.3 Hill. Sugar Work~ Lict. quantity to keep the sugar. works employed to the full extent of their average capacity during the ordinary season for manufacturing sugar;i. and (iii.) Such other particulars as may be prescribed. b y - (2.) Every such application shall be . accompanied d ~ ;\ occcuomlllepnatns. y' (i.) An instrument in t~ e prescribed form signed by owners and occupiers of cane lands within the proposed sugar works Ul'en, representing a majority in number of such owners and occupiers, and representing in area a majority of the total acreage of such lands, undertaking to grow cane, setting forth the respective areas of cane land held by them and the respective an'us proposed to be planted by thernwith cane for the first, second, and third seasons respectively, and undertaking to bear and pay any rate made and levied in respect of any deficiency arising under this Act; and . . (ii-) Reports from experienced persons or other satis- factory evidence that all the lands pl,>oposed to be planted with cane are cane land; -and (iii.) A valuation of all land within the proposed sugar works area, distinguishing between cane lanu and other land; in' estimating such value, no allowance shall be ma.de for any increase in ~ alue by reason of the proposed construction of the sugar works or any otlller matter arising out of the exercise of powers under this Act; and (iv.) Evidence satisfactory to the Treasurer that all owners and occupiers of cane Illld within the sugar works area, other. than owners who are absent from Queensland or whose addresses are unknown, have had notice of the proposed application and an opportunity of joining in the undertaking aforesaid; and Cv,) A map or plan of the proposed sugar works area on the prescribed scale showing the mill site, the cane land which it is . proposed to plant with cane, the block. reserved for township purposes, the pl'ospective route Q( every permanent tramway, and such other particulars as may be prescribed; and

5'214 SlJG.\R WORKS. Su.qaT Works Act. 2 GEO. Y. No. 8, (vi.) A description of all easements, rights-of-way, and other rights and privileges which will be required for the purposes of any road, tram- way, wharf, or other work to be constructed or used.in connection wit.h the sugar works; and (vii.) A deposit of such amount of money as the Treasurer considers sufficient to defray the expenses to be incurred by him in connection with the report upon the application. Report of valuer. 5. (1.) Every such application shall be submitted by the Treasurer to a valuer for his report thereon. (2.) Such valuer shall be empowered to take such evidence and make such inquiries upon the matter as he thinks proper. For such purpose he shall have the powers of a Commission under "The O.fficial Inquiries Evidence Act of 1910."* (3.) Such valuer shall report to the Treasur~ r upon the following matters, namely :- (a) The lands which should be included in the sugar works area if created under this Act; (b) The quantity and quality of cane land com- prised therein; (c) The value of such cane land; the value of other land comprised therein which is not cane land; in estimating such value, no allow- ance shall be made for any increase in value by reason of the proposed construction of the sugar works or any other matter arising outGf the exercise of powers under this.Act; (d) The most suitable site for a mill and the value of such site; (e) The most suitable site for a township; (f) The estimated cost of the sugar works; (g) S.uch other matters as may be prescribed or may be required by the Treasurer. Notice of intention to construct works and <:reate area. 6. The Treasurer may, by notification in the Gazette, give notice that it is the intention of the Governor in Oouncil, at the expiration of ninety dap after the date of such notification, to create a sugar works area, with boundaries to he specified, in the locality referred to in any such application, and to const.ruct sugar works * 1 Geo. \ . No. 26, supra, page 748.

SUGAR WORKS. ,5215 IIHl Sugar Works Act. therein, and to extend the provisions of thi" Act to such area and all the lands comprised therein and the owners. and occupiers thereof. During such period of ninety days any owner or occupier of land in the proposed sugar works area or adjacent thereto may, by a memorial, make representations t.o the Governor in Oouncil with respect to the inclusion or exclusion of his land within or from the said area, and consideration shall be given to every such memorial. 7. (1) i\ fter the expiration of the said period of ninety Creation of days, the Go vernor in Oouncil may, by Orde» in Oouncil : ~ : : ~ works published in the Gazettp, create a sugar works area in such locality with such boundaries and under such name as he thinks proper. Any such area may be in one block or may consist of two or more blc,cks. (2.) The Governor in Oouncil may from time to time, by Order in Oouncil, amend the boundaries of any sugar works area by the inclusion of land therein or the exclusion of land therefrom: Provided that at least sixty days' notice of his intention so to do shall be published in. the Ga,zette and in some newspaper circulating within such area; and during such period of sixty days any owner or occupier of land affected by the proposed amendment. of boundaries may, by a memorial, make representations to the Governor in Oouncil with respect to the inclusion or exclusion of his land, and consideration shall be given to ev(e3r.y) sEuvcehrymOemrdoerriali. n Council un • der this section shall be read as one with this Act. (4.) Thereafter the provisions of this Act shall extend to all the lands within the said sugar works area and to the o"Yners and occupiers thereof. . 8. For each sugar works' there may be appointed Board of a Board of Advice. - Advice. The Board shall consist of five persom, three of whom shall be alJpointed hy the Governor in Oouncil, and two of whom shall be elected by the owners and occupiers of lands within the sugar works area. 'rhe method of upp~ intment and election of such persons and the tenure of their office shall b0 prescribed by the Regulations. The functions of each Board of Advice shall be. to communicate with the Corporation upon such matters as they consider to be advisable with

5216 SUGAR WORKS. Sugar Works Act. 2 GEO. V. No. 8, respect to the sugar works for which they are appointed, and generally to co-operate with the Oorporation in the discharge of its po'wers and duties relating to i:;uch sugar works. --Construction and control 9. (1.) 'fhe GoVt'rnor in Oouncil may direct and of works and empower the Oorporation to construct, manage, maintain, business. work, and control sugar works within a sugar works ~ rea. (2.) The cost of such construction shall he defrayed out of moneys fl'Om time to time appropriated by Parlia- ment for the purpose, (H.) All such works when constructed shall ve!'ot in the Oorporation until transferred to a company or otherwise 'disposed of as hereinafter by this Act provided. (4.) The Oorporation shall have full power and authority to manage, maintain, work, and control the sugar works and the business thereof, including the regulation of the leasing and selling of all land within the sugar works area. The Corporation shall have power to grow cane upon any land within or outside the sugar works area, and to purchase cane from any person whomsoever. But no cane shall be purchased from any person who has not first obtained, in the prescribed manner, a certificate . that he is able to read and write from dictation not less than fifty words in the English language. Any person who, nnder the guise of agent or partner or under any pretext whatsoever, sells or attempts to sell to tlw Oorporation sU'gar-cane on behalf of any person not having obtained such certificate shall he guiltyo! a mis_ demeanour, and shall be liable on conviction to a penalty not exceeding one pound for each ton of cane so sold. (5.) The Oorporation may appoint and employ such OffiCl'l'S, managers" valuers, engineers, workmen, and ser l vants as are necessary for the purposes of this Act, and pay to them such salaries, wages, andallowanc~ s as th~ Corporation thinks fit. ,All such-payments.shaU be charged to the account of the'sugar works in or in respect of which such persons are employed. (6.) } ~ or the purposes of ' this Act, the Corporation shall have power. fl'om time to time to take, purchase, contract for the use· of, or, otherwise provide any land which may be required for the sugar works or any town- ship, railway, tramway, wharf, or other work.

SUGAR WORKS. 5217 191' . Sugar Works Act. The powers under this subsection shall be exercised under "The Publio Works Land Resumption Aot of 1906"*: Provided that, in estim'ating the compensation to be paid on the resumption or other acquirement of land by the Corporation within a sugar works area, no allowance shall be made for any increase in the value of such land by reason of the construction or proposed construction of the sugar works or any other matter arising out of the exercise of powers under this Act. (7.) The Corporation and any company in whom by Tr8.mwayp, virtue of this Act any sugar works are for the time being &c. vested may construct, lay down, maintain, and work any tramway or railway upon any road orland, including Crown land, within or outside the sugar works area, and may use thereon any locomotives and rolling-stock drawn or propelled by animal, steam, or other motive power. (8.) No person who has not first obtained in the Alien labour prescribed manner a certificate that he is abie to read and on sk'gar write fromdictatio!l words in the English language of not wor s. less than fifty words shall be employed in or about the construction, maintenance, management, or working of any !-mgar works, whetnpl' managed or worked by the Cor- poration or any company or person under this Act, under a penalty of one pound fot, each sllch person for every day during which such person is em ployed. Any such penalty may be recovered and retained hy any person who may sue for the same. (9.) 'rhe Governor in Council may from time to time .make. regulation~ - (i.) For the examination and granting of certificates of abilitv to read and write from dictation words in the English language; For the exemption frllm the operation of this section of any persons' or classes of persons whom for any reason it is not considered neces<;ary to examine. 10. (1.) :\s soon as may be after theCorporation is Certificate of satisfied that the suO M 'ar works a . re read • v to commence c&pital cost. operations, the Corporation sh~ ll, by a certificate published in the Gazette, decl'll'e what is the total capital sum expended in the construction of the sugar works. * 6 Edw:'VlI No. 14, supra,page 3608.

.52£8 SUGAR WORKS. Su.qar Works Act. 2 GEO. V. No. 8, Township. (2.) Such sum shall include- Ca) The cost of the mill, witb all its machinery, appliances, and equipment, and the mill site; (b) The cost of all railways, tramways, wharves, rights-of-way, and other easements constructed and acquired for the purposes of the sugar works; (c) All compensation paid in respect of the town- ship fiS hereinafter provided; (If) All compensation paid upon the cancellation of any licer1se or registration for the sale of intoxicating liquor within the sugar works area as hereinafter provided; Ce) Interest at the rate of four pounds per centum per annum on all moneys expended from the respective dates of expenditure until the first day of July next succeeding the date of the certificate; (j) All such other payments as are properly chargeable to capital cost, or as may be prescribed. (3.) If at any time while the sugar works are vested in the Corporation additions to or extensions of the sugar works are made and the cost thereof has not been defrayed out of annual revenue, the Corporation shall, by a like certificate, declare the cost thereof. And thereafter the amount stated in such certificate shall be added to and he deemed to be part of the capital cost of the sugar works. 11. (1.) 1'he Governor in Council shall, by Order in Council published in the Gazette, reserve and set apart in every sugar works area a suitable area of land for the purposes of a township, and shall vest the same in the Corporation as trustee. . (;; .) Such area, after setting apart such portions as may be required for any public purpose, shall be divided into allotments of suitable size, and shall be open to perpetual lease in accordance with the regulations. (3.) The rents reserved in respect of such allotments shall be paid to the Corporation, and may be appiied by the Corporation in the making and maintenance of roads or otherwise for public benefit within the township. The Corporation may, in its discretion, entrust the expenditure of'any of such moneys to the Local Authority in whose Area the township is situated.

SUGAR WORKS. 5219" 1911. Sugar Works Act. Any '!lnt'xpended portion of such moneys nlay, if tho Corporation thinks fit, be applied to the extent only of the original cost of the area affected in and towards the payment of the annual instalments payable by it to the Treasurer as hereinafter provided. . (4.) The Corporation may, if it thinks fit, erect and provide such and so many accommodation-houses, lodging: houses, or other buildings for the use of inhabitants or travellers as it thinks fit, and furnish the samp, and main- tain and manage and fix charges for the use of the same, and may let or otherwise demise the same for such term- as it t.hinks proper. , (5.) '.Kone of the lands comprised within such town. ship reserve shall be deemed to be rateable land within the meaning of " Th(J Local Authorities Act oj 1902."* (6.) Any sums which are paid by the Corporation in respect of compensation on the resumption of the fee- simple of such township reserve, or any part thereof, shall be deemed to be part of the capital cost of the sugar works. (7.) The lands comprised within such township re- serve shall remain vested in the Corporation, and the: .provisions of this section shall remain in force, notwith· standing the transfer of the sugar works to a company or other disposal thereof as hereinafter by this Act provided. 12. (1.) The sale of intoxicating liquor in a sugar ~al.e ~ f . works area is hereby declared to be unlawful. For the li: ~~ ~ ~atmg purposes of this provision, all the provisions of the laws in force for the time being relating to the sale of intoxi- cating liquor by unlicensed' .arunregistered persons shall be applicable. . . .No licensed victualler's fiOOllSe, or wineseller's license, or registrati.on or license of a wholesale spirit merchant, or of a club under the laws in force relating to 'intoxicating liquor, shall be granted or made or renewed in respec.t of premises situated in a sugar works area. The foregoing provisions shall remain in force not·' withstanding the transfer of the sugar works to a company or other disposal. thereof as hereinafter by this Act provided. (2.) Every such license or registration in existence within a sugar works area upon the date of the creatio Il Qf such area shall forthwith ~ase and deterrp.ine: page • 2 Edw. VII. No. 19, mt,n'a, 1860.

5220 SUGAR WORKS. SugarJJ,7or!.s Ad. 2 GEO. V. No.S, Provided that the Corporation shall make such com- pensationto the holder of such .subsisting license or registration in respect of the determination thereof as shall be fixed by a police magistrate sitting alone upon summons in 'a court of petty sessions. Any party may appeal to a District Court judge from the whole or any part of an order of a police magistrate under this section. Every such appeal shall be by way of rehearing, and shall be heard and determined by such judge in the same manner as if the matter had been brought before a District Court judge upon plaint in the first instance. . Power to make advances on cane, &c. 13. The Corporation may from time to time make advances to ownf'rs or occupiers of land within or outside a sugar works area on the security' of the cane being grown by them. Such advances shall be made in such manner and on such conditions as may be prescribed. {lane·growers 14. No grower of cane within a sugar works area not to sell shall, while the sugar works are vested inthe Corporation, ooornpel.edge ha . ve the right to ~ ell, assign, or dispose of or to give or grant any mortgage, lien, or other spcurity or pledge of or over any cane or cane crop or any money or other consideration due or accruing due to him for cane supplied or to he supplied to the sugar works, to any person other than the Corporation, without the express consent in writing of. the Corporation in that behalf first had and obtained; and every agreement, contract, instrument, 6r writing made or entered into contrary to this provision shall be voi& and of no effect whatsoever. But the provisionI' of this· section shall not be con- strued to Ilvoid or prejudicially affect any contract or agr.eement for the sale or disposal of cane entered. into prior to the application under this Act for the erection of a sugar works, and. the terms of which contract or agree- nwnt are specifically set forth in the said application. Corporations' 15. TheOorporation shall have the right to deduct : ~ ~ e~ :d~! from any moneys due to aily person in respect of cane for advances, supplied by lljm to the sugar works any moneys due by : ~ ~ ~ ! ~ ~ :o£ 8qch person or any pl'ede?essor in title for or ~ n respect of cane supplied. any adv~ nce Illade to lnID by the CorporatIOn, or any payment made on his behalf by the Corporation, or any rate due by him, under this Act. -- . - ---- - .--- - - --

SUGAR WOHKS. 5221 1911. Suqar Works Act. 16. The original capital cost of the sugar works Capital cost certified as aforesaid ~ hall be deemed to' be a loan by the ~ oli:n~ eemed Treasurer to the Corporation for a period of twenty-one years from the first day of July next succeeding the date of the certificate, and shall bear interest at the rate of four pounds per centum per annum: Provided that, during' a peri:Jd of two years next 'Succeeding the said first day of ,Iuly, no part of' the principal money of the loan shall be repayable, but such principal money shall, nevertheless, bear interest at the rate aforesaid, and such interest shall he payable by the Corporation to the Treasurer on the first day of July in each such year. In like m:lnI!ef all additions to such origin)),l capital cost certified as aforesaid shall be added to and become part of the then outstanding. balance of capital cost, and bear interest at the same rate; and the amounts of the annual instalments payable to the Treasurer nnder this Act shall be proportionately increased so that the whole of the capital cost, with interest as aforesaid, shall be repaid within the said period. 17. (1.) From and after the expiration of the aforesaid Repay!»ent period of two )ears, the amount of such capital cost, with ~; s~~ pltal interest as aforesaid, shall be liquidated by the payment by the Corporation to the Treasurer, on the first day of July in every year, of a sum equal to seven pounds twelve shillings and four pence for everyone hundred pounds of the said amount, and such sums shall continue to be payable until the said amount, with interest accruing thereon, has been so paid. . (2.) Notwithstanding anything in this Act contained, A~ celera.tion l::: the Treasurer may from time to time permit the Corpora" ~ ~ ents tion to payoff the whole or any portion of' the moneys advanced at any time before they are due; and the Corpora" tion may apply any surplus pronts for this purpose ;in such case the Corporation shall be entitled to a propor" tionate rebate of interest to be adj\Isted by the Treasurer. 18. The payments set forth in the two last preceding Repaymhent\! sectI.Ons sha 11 be a first charge on the pro' fits 0 f the sugar o It nfiprsrto 0 fitsa. rge works. 19. (1.) If and as often as the profits of the sugar Levy of mte. works in any year are not sufficient to provide for and -pay the annual instalment of repayment ,as 1l8reinbefure provided, then and in every such case the owners and

5222 SUGAR WORKS. Sugar WorkR Act.· ~ GEO. V. No. 8, occupiers of all lands within the sugar works area shall be liable to make good to the Treasurer the amount of such deficiency. . (2.) The Corporation shall in each year, by a certi- ficate published in the Gazette, declare the amount of the profits of the sugar works, if any, for the preceding ~ 7ear, or~ ' if such deficiency as aforesaid exists, declare the amount of such deficiency. Tne deficiency aforesaid shall be paid and made good by means of' a rate levied in respect of all lands within the sugar works area. Such rate shaH include 3, reasonable sum in respect of the cost of levying and collectiug the same. (3.) The Corporation shall make and levy and collect such rate in manner prescribed: Provided that the rate made and levied shall in all cases be of the same amount for every pound of the unimproved capital vame of the lands within such area. Valuation. 20. In each year in which it is necessary to make and levy such rate, the Corporation shall cause to be made a valuation of each portion of land within the sugar works area. . The expenses occasioned by every such valuation shall be charged to the account of the sugar works. . Such valuation shall declare the unimproved capital value of the land. Notice of the valuation of each sllch portion and of the amount thereof shall be published as prescribed. An appeal from any such valuation shall lie to a police magistrate sitting alone as'a court of petty sessions, and shall be brought and heard in such manner as may be prescribed. Such appeal may be brought by the person liable to be rated, either against the valuation of his own land or of any other land within the sugar works area, but in the event of his appealing against the valuatioI;1 of another person's land, he shall give the prescribed notice of appeal to such person. Penalty for default. 21. If any person liable to pay any amount of such rate makes default in the payment thereof within sixty .days after the same is levied, there shall be added to the amount a further sum. by way of penalty equal to six pounds per centum per annum, and such penalty shall thereafter be deemed to be part of such rate and recoverable as such. .

SUGAR WORKS. 1911. 22. The amount of any rate may be recovered by th;e Recovery of Corporation, by complaint in a summ~ry way or by action rate. in any court of competent jurisdiction, from the ownet· or occupier for the time being of the land in respect of which the same ~ s due and payable, notwithstanding any change that may have taken place in such ownership~ 23. The total amount of such rates, after deducting Rate a. first therefrom any sums paid from time to time on accountl::J~e on thereof, shall be and remain a charge upon the Jand, not.withstanding any change in the ownership thereof, and in priority to any mortgage, encumbrance, or other charge whatso.ever thereon until such rates are paid. For the purposes of thif; section, the Corporation may, . by a certificate published in the Gazette, declare the a'mount of any such charge in respect of any land. And the 'Corporation may enforce such charge by application to the Supreme Court for an order for s::tle of the land according to the practice of that Court. 24. Forthwith after the total amount of the capital Certifica.te cost of a • sUO t':) 'a . r works and all other s • ums due by the r th ep a a t y a m ll ents CorporatIOn to the Treasurer under thIS Act have been. have been repaid to the Treasurer as prescribed by this Act, the made. Treasurer shall publish in the Gazette a certificate to that effect. . Thereupon the liability of the lands within the sugar works area to be rated under this Act, and all the oblig.a- tion of the owners and occupiers thereof in ~ espect of any rate, other than in respect of rates' due and in arrear, shall cease and determine. ~ .. :.' .-, 25. The Corporation shall also, by the same or a Certificate subsequent certificate published in the Gazette, declare, in d! l~ ~ ~ ~ ~ s. respect of each and every person who has supplied cane' to the sugar works or paid any rates levied under this Act, the amount of the cane credit of such person. . 26. The persons_ who, by such certificate as lastForllla.tion aforesaid, are declared to have established cane credit, or of company. the successors in cane credit -interest of such persons, may form themselves into a joint stock company, which shall be registered uhder "The Oompanies A.cts, 1863 to 1909,"* or any Act amending or in substitution for those Acts: Provided that the articles of association of every such * 27 Vie. No. 4; 50 Vie. Np.19; 53 Vie. No. 18; 55 Vie. No. 10; 56 Vio. No. 24; 57 Vie. No. 3; 60 Vie. No. 21; a.nd 9 Edw. VII. No. 13, 8upra, pages 186 et Beq. L

SUGAR WORKS. Sugar Works Act. 2 GEO. V. No. 8, company, and every alteration. thereof which may at any future time be proposed, and any proposed increase of capital, shall first be submitted to and approved by the Governor in Council. Such articles of association shall provide that no dividend at a greater rate than five pounds per centum per annum shall at any time be declared or paid or credited by the company. Such company shall consist solely of persons who have established cane credit, or are successors in cane . credit interest of such persons. The capital stock in such company shall be allotted amongst the members of the company in proportion to the amount of cane credit possessed by each such member: Provided that upon the expiration of two years after the registration of such company any claim to any allot- ment of shares by any person claiming to have established cane credit, or to be a succesior in cane credit interest of any person who has estabijshed cane credit, shall be absolutely barred; and all shares in such company then remaining unclaimed and unallotted shall be allotted to the Treasurer, and shall be held by him on behalf of the Crown. But the Treasurer may, in his discretion, at any future time transfer any of such shares to any person who but for this section would have been entitled to have such shares allotted to him if he had duly claimed the same within the period of two years aforesaid. - Tr&oafer of 27. Upon the formation and registration of such A w g c a o r m w p o a r n k y s . company having articles approved as aforesaid, it shall be lawful for the Corporation to transfer and the Corporation shall transfer to the company all the right, title, and interest of the Corporation in the sugar works. Upon the execution of such transfer, the sugar works shall be divested from the Corporation and shall vest in the company, and by virtue of this Act all the liabilities and oblig-ations of the Corpora.tion in respect of or any wise in relation to the sugar works shall be borne and discharged by the company. . Power to ~ ..ry on till eompany formed. 28. Until the formation and registration of such company as last aforesaid, the Corporation shall have full power under this Act to manage and carry on the sugar works and the business thereof. If no such company is registered within .two years after the date on which the Treasurer has given a certificate under this Act that all

SUGAR WORKS. 5226 1911. 8u.qar Works Act. repayments of loan have been made, the Oorporation shall have power to get in, sell, and dispose of all the assets real and personal of the sugar works, and to pay and discharge all debts and obligations arising in respect thereof without being liable for any losses; and any balance remaining sh~ ll be paid into and form part of the Consolidated Revenue. 29. (1.) Nothing in this Act contained shall be con- Saving. strued to create or give to any person whomsoever any right or remedy against the Oorporation or the Treasurer or the Orown for or in relation to the establishment of cane credit, and no cane credit shall under any circum- stances whatsoever he deemed to have been established or to have come into possession unless or until a certificate has been published by the Oorporation declaring the amount thereof. (2.) Except with the express consent in writing of the Oorporation first obtained, eane credit 01' the expecta- tion or possibility of the establishment of cane credit shall not be transferable or assignable by any means or method other than by devolution of law. 30. 'The Corporation shall cause correct accounts to Account.s be kept of all receipts and expenditure on account of and audlt. every sugar works vested in him. . Such accounts shall be audited from time to time by the Auditor-General 01' some officer of his Department authorised by him in that behalf. 31. A copy of the Gazette purporting to contain any Evidence (}f notice or Order in Oouncil given or made under this Act, Ga;ette. or any certificate of the Oorporation or the Treasurer given for any of the purposes of this Act, shall be conclusive evidence of all the facts therein stated. 32. The Governor in Council may from time to RegulatioDAl. time make all such Hegulations as he thinks fit for giving full effect to this Act. All such Regulations, upon publication in the Gazette, shall have the same effect as if they were euacted in this Act, and shall not be questioned in any proceedings what- soever.