The New Redhead Estate and Coal Company, Limited, Transfer Act of 1905 (NSW)

Act. 1905.

The Neto licdheod Eslole and Coal Company, Lbu iled , Tranxfor

‘I'sTÂrA	N̂̂ ̂	Act to A'cst ill Tlic A^cw Ivcdlicad Kstatc and Coal Coiniiany. Janiitcd, tlie rights, jiowcrs, and ])rivilegcs vested in the Itedliead (dial­ m ining Coniiiany, laniited, under the Ited- liead ( dial-mine Ixaihvay Act of 188d, and the A cts am ending the same, [17̂ /̂ Xorf inhcr,
1905.] '

Preamble.	YTTIIEPiEAS Oil 1	Uc s('V('i!l(‘0 !it 11 tlav of .Vugust, 0110 lliousaml
VV

ciglit hundrod and scventy-rivi', a company, called ‘"'Tho Kcd- liead Coal-mining Company, Limited,” was duly registn-ed under tlie Companies Act tlum in fona' (Tliirty-sei en Victoria number Nineteen), ■with a capital of fificen thou.sand pounds, divided into liftecu tbousaud shares of one pound each : And Avlicreas, by an Act intituled “ IL'd- Iread Coal-mine llailway Act id' 1883,” the said company Avas cmpoAA'crcd to construct and Avoi-k a railway from the land of the said company therein mentioned to the (ireat Nortlu'rn ItailAvay : And AAdiercas, by the Lcdbead Coal-mine Kailway Act Extemsion Act of 1888,” the period of time limited for the construction of the said raihvay and bringing the same into use Avas extended for a further piudod of five years: And Avhereas, on the tAventy-seventh day of June, one thousand (uglit hundred and eighty-eight, another comjiany, called “ The Redhead Coal-mining Company, Limited,” Avas duly registenal under the said Companies Act then in force (Thirty-seven Victoria number Nineteen), Avith a capital of one hundred and lifty thousand pounds, divided into one hundred and fifty thousand shares of one pound each : And Avhercas, by an Act intituled “ An Act to amend the Redhead Coal-mine Railway ^Vet of 1883,” the said lirst-numtiom'd company Avas authorised, in accordance Avith the provisions of the said two recited Acts, to make and construct a raihvay from the northern shore of the entrance to Lake IMacquarii' to the southern boundary of its land, situatod in tbe parish of Jvabibah, county of Cumberland, in tho State of N cav South IVales, and thence from that boundary to join the line of railway authorised by the said first-mentioned Act, but such last-mentioned line should be in substitution and in lieu of so mucb of tbe line of railway authorised by tbe said Act as lay betwemi the said boundary of tlu' said company’s land to the said point of junction : And by tbe said Act now in recital the said llrst-mentione!l company was also authorised, in accordance Avith tbe jirovisious of the s:iid tAVO recited Acts, to make and construct a branch raihvay fi'om a ])oint lu'ar the pit of the South Rimvood Coal

Com})any,

Ac't, IDO.j. 15

The New Redhead IRlale and Coal Compa»ii, Llaiiteil, Transfer.

Company, Limitavl, to join I'm railway tli;'r(Mn])ol\);a‘ :;u!!ioris(\l l)y llio said iirst-me;itio:K',l A ■{ an I iha Aat nô v in rccita! : And Avln'i'cas tlm said railways a a ! !i j;as(‘ 1 hy the said la-citaal Acts were (Inly consirncted! hy tlu' said caaipanies, or on;; of them, in aeeardaiKJC Avith the jn'ovisions ol' (lie said Acts; And whereas, hy ayaaMmient, daleil the thirtii'lh day of May, one thousand eiydit hiindia'd and ninety-li\c, ma;l(' hetween liconard Dodds, ^ '̂illiam Sluaistone, and A\dirred Daw Do(d<cr (tlie Aoluntary li([uidators ol‘ the said company secondly rcyisten'd), and (he said com[)any secondly layi îstered ol‘ tin* one [lart, and 'William Allston Hutchinson, for and mi helialf of ddie

N cav licdhcad Coal-mininy; Company, Limited, then ahout to hi*

formed and ri'yastered, of tin* other jiart, the said comjiany si'condly reyisli'red, throuydi its liipiidators, tln'ri'hy aaaaaal to sidl to tlu' said company ahout to he foiined the assets of the said secondly remastered company, including all tin* right, title, and interest of tin* said secondly registeri'd comjiany, in so far as it could legally he sold, of, in, and to the said recited Acts of I’arlianu'nt, on the terms and conditions therein mentioiu'd : And Avhereas. on the fifteenth day of dune, one thousand eight hundred and ninety-live, a company called “ d'hc N cav licdhcad Estate and Coal Company, Limiti'd,” Avas duly ri'gistered under the Conijianies Act ('fhirty-seven Victoria nutnher Nineteen) tlu'n in force, Avith a capital of liitei'n thousand pounds, divided into scA'cnty-tiAe thousand share's of four shillings each, and one of the objects of the said comjiany AAaas to take OA'er and adopt th(' said recited contract, dated the thirtieth day of IMay, one thousand eight hundred and nini'ty-llve, made hi'tween the said Lc'onard Dodds, A\’illiam iShenstone, and AA'ilf'a'd Larv Docker (the A'oluntary liijuidators of llu' said comjiany secondly registered), and the said comjiany of tin- one part, and t!u' said AVilliam Allston Hutchinson, a tiaisti'e i'or and on he'.ialf of that comjiany, of the other jiart : And Avlu'reas, hy agri'i'uu'nt hearing dat(' the fourth (lay of duly, oiu* thousand eight hundred and ninety-five, mad(' lietAveen tin- said 'I'he Ih'dhead Coal-mining Comjiany, Limited, firstly i'('gist('red of the first jiart, ddie ID'dhead Coal-mining Comjiany, Lirnif('(l, secondly ri'nisteio'd, and Jjconard Dodds, AVilliam Shenstoiu', and Wilfred Law Docker jllu' voluntary lifjiiidators tlu'reof) of the second jiart, and tlu' said 'l'h(' . \ ( ' a v lledhea 1 Lsta'(' and Coal Comjiany, fdmit 'd, of th(' third jiart, I’cciting (iiaf it had lieen agreed hetwo'en all th(' jiarties Ihei’eto that such agreemenf as was tIn'i'i'in'ifter conlaiiu'd should 1)(' ('nl('red into, it wns witnessed amongst otlu'r things that the said comjiany firstly n'gistered Avould transp r fo tlu' said 'flu' N('w Eedhead Jlsfati' and Coal Comjiany, Dimifial, tin' lands fheia'in nn'iitioned, andAvould also e\o'cut(' ruch assurance or assigmiu'iit as the said d'he New lli'dliead Dstate and Coal Comjiany, Jjimited, might re([uir(' of all tlu' right, tith', and int('r('st of the said comjiany firstly

ri'gisteia d

IG Act, 1905.

The New lleclhc((d Estide and Coal Company, Limited, Transfer,

rt'^istevecl of, in, and to tlie said recited Redliead Coal Mine Raihvay Act of 1883 and tlie said two Acts amending (lie sann', and also of and in all the rigdits, ])owcrs, and privilc'ges acquired by or vested in tbe said company lirstly registered, nndm- or by virtue of tbe said recited Acts and each of tliem, and all rights of action or suit possessed or enforceable by tbe said company lirstly registered with rc'speet to tbe said railway, and also of and in any land resumed under or by virtue of the said ri'eitod Aids of Parliament, or any of them : And Avhereas, in pursuance of tin' said lastly nwited agreement, tlie lands therein mentioned were transferred bĵ the said company lirstly regis­ tered to the said The Xew Redlu'ad Estate and Coal Company, Limited, but the rights, powers, and privileges conferred on tbe said company firstly registered by tbe said dvets of Parliament cannot be transferred Avithout tlu' authority of the Legislature : And Avbercas, hy an indenture of mortuage dated tbe thirteenth day of July, one thousand eight hundred and ninety-nine, made between ' f h e N cav Redhead Estate and Coal Company, Limited, tlnn-einafter called mortgagor, of the one part, and the Redhi'ad Coal-mining Company, himitiMl, firstly registered, and hereinafter called mortgagee, of tho other part, registered numher sinanr hundred and eighty-three, hook si.v hundred and fifty, after reciting amongst otlun- things that part of the purchase money agreed to lx- paid by the mortgagor for the mining pro]ierty of the mortgagee still remained unpaid, the said mortgagor did grant enfeolf and assign unto the mortgagee, its successors and assigns, all the estate, right, title, and interest of the mortgagor in and to the said railway, and in and to the lands taken for the purpose of constructing and using the said railway, or then hy any means used or occupied for or in connection Avith tho said railway, and in and to the rights, ])owers, authorities, and privileges conferred hy the said Aets or any of them, and also all rights of action or suit enforeeahle hy the said mortgagor or mortgagee or the said company secondly registered in rc'speet of or in connection Avith the said railAÂ ay, including the benefit of all way, leave', or other agu'ements made, or then or thereafte'r for the time being subsisting- between the said mortgagor or tho said company secondly registered, or the said mortgagee and any other person or persons; and also all rents, royalties, and other moneys then or thereafter for the time being OAving or payable to the said mortgagor for Avay, leave- on or over, or use of or othenvise in respect of the said railway, and all rights and remedies of the said mortgagor in respect thereof, respectiA'ely, to hold unto tlie said mortgagee, its successors and assigns, subject to redemption on payment of tlie balance of the jmrehase money and inti'rest as therein-mentioned : And AAdiereas the said balance of purchase money still remains due and owing to the Redhead Coal-mining Company, liimited, firstly registered, but all interest thereon has bei'n paid u}) : Re it tlu-refore enacted by the

King’s

Act, liJOS.

The New Redhead TJslate and Coal Companij, Llmllcd, Transfer.

Kiii^'’s ]\rost Itxcdlent ^raj('stv, l)v and with tlu‘ adt it'c and consent of the Legislative Council and Legislative Assianhly of Acw South "Whdes in Parliament asscmhhal, and hy tho authoi'ily of ilu' same, as follows ;—

1. All the property, rights, powers, and privileges conferred on nif-iits, the Hedluaid Coal-minii)"' Companv, Limited, under or by virtue of ..r the

Cuei-

tlu! said 'Ihe N('W ICalhead Estatt; and Coal Com])any, Limited, shall he suhjeet to the same liabilities under the said recit('d Acts, in the same manner and as fully as if tlu' said 'I’lii' Ahuv licdhcad Estate' and Coal Company, Limilcd, were the Company naint'd in tin' said Acts.

tin; Pedhead Coal-mine llailway Act of 18815, the Iledhead Coal-mine nimitf.i, licdhcad Coal-mining Company, Limited, lirstly regish'red of the said halanct' of purchast' money securc'd hy tin; said retdted indenture of mortgag(‘, and all int(M'est due and to hecomo due upon the same and subject to the ])ow('rs and ])rovisions contained in the said mortgage ; ami

Eailway Extension Act of 1888, and The licdhcad (hjai-mim; I’^dl'vay

Act Anumding Act of lS8t), are lu'rehy vestt'd in 'I’l.c New lledluxuLind Co.ii Con.imnv,

2. 'I'he ])i'operty, rights, ])owci's, and jerivih'ges veste'd in The iVwcr t j tnin.-fci-.

N('w licdhcad Estate and Coal Comjeany, Limited, hy this Act may, ii])on ])aym('nt to tho Itedhead Coal-mining Company, Limited, firstly rcgist('rcd of tlu' said balance of purdiase mom'y and interest thereon up to tlu'date of paynn-nt, lie U'ansferi'cd hyt he said comjiany and its assigns without, the authority of tlu; Legislature.

3. Nothing in this Act contaiiu'd .shall in any way liowsoeverivotcoiunofexisting

alter, ahridgt', ahiaagati', or iirt'judiciidly alVcct in tiny maniu'r howsoever any rights, jirivih'gcs, tinthorities, or lilierties now vestt'd in tiny person or jieisons or coi'jioratioii or corjumitions, his or their executors, administrators, tissigns, oi' successoi's, muh'r or hy vii'tnc of or 'which liavi' been granted or coul'ern'd hy 'I’he New Ih'dhctul Esttite and Coal Comjitiny, Ijimitcd, or its pi'cih'cessors in tith', under any h'asc, deed, or tigrcenu'nt or otherw ise howsoi'ver.

4. 'I'his Act may he cited as ‘’ 'The New licdhcad Estate and shovi otic.

Coal Comjiany, Limited, 'I’rtinsfer Act of 1905.”

An