Toowong Park Act of 1915 (6 Geo v No. 8) (Qld)

7134 PARKS AND PUBLIC LASD. Toowong Park Act. 6 GEO. V. No. 8, PARKS AND PUBLIC LAND. 6 Geo. V. An Act to Ratify and Confirm a certain Agreement N T o H . E 8. between the Trustees of the Brisbane TOOWONG PARK ACT General Cemetery and the Council of the OF 1915. Town of Toowong, and to enable the said Trustees as Registered Proprietors of the Land comprised in Deed of Grant number 76985, being Portion 54, situated in the County of Stanley and Parish of Enoggera, and being a· Reserve for a Cemetery, to Sell and Transfer to the said Council part of the said Land. Preamble. [ASSENTED TO 15TII NOVEMBRR, 1915.J V Il T HEREAS by Deed of Grant numbered 76985, ,l' entered in the Register Book in the office of the. Registrar of Titles at Brisbane, volume 804, folio 245, all that piece of land in the State of Queensland containing about two hundred and forty-eight acres three roods and twenty-two perches, situated in the county of Stanley and parish of Enoggera, being portion 54, and more particularly described in the said Deed of Grant, was, subject to certain reservations not necessary to be herein particularly set out, granted to the persons therein named as the Trustees of the Brisbane General Cemetery and to their successors, upon trust for the purpose of a cemetery and for no other purpose Nhatsoever: And whereas an Agreement dated the fifteenth day of June, one thousand nine hundred and fifteen, has been made and entered into by and between the Trustees of the Brisbane General Cemetery and the Council of the Town of Toowong (in consideration of the payment of the sum of one thousand pounds by the Council to the Trustees, and of the grant or transfer by the Council to the Trustees of a right to remove the soil and gravel in the said Agreement mentioned), for the sale and transfer by the Trustees to the Council (for the purposes of a park or recreation ground, or for either of such purposes, or for such other purposes connected with the local govern- ment of the said town as the Council, with the approval of the Governor in Council, may from time to time direct or declare) of the land known as subdivisions I 'and 6 of

1915. PARKS AND PUBLIC LAND. Toowong Pade Act. 7135 the said portion 54, containing about one hundred and thirty-two acres two roods and eighteen perches, and being part of the land contained in the said Deed of -Grant number 76985, and containing provisions necessary to effectuate the aforesaid purposes: And whereas the said purchase money is to be -applied by the Trustees for the purposes of the said Cemetery: And whereas the carrying into effect of the said Agreement will be to the public advantage, and it is therefore expedient that the said Agreement should be :ratified and confirmed, and that the Trustees should have the powers hereinafter conferred on them : 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 Queens- land in Parliament assembled, and by the authority of the same, as follows : - 1. This Act may be cited as "The Toowong Park Short title. Act of 1915." 2. In this Act- The term "Trustees" means and includes the Interpreta- Trustees for the time being of the Brisbane tion. General Cemetery and their duly appointed successors in office; The term "Council" means the Council of the town of Toowong ; The term "Brisbane General Cemetery" means the Brisbane General Cemetery at Toowong, comprising the land known as subdivisions 2, 3, 4, and 5 of portion 54, situated in the county of Stanley and parish of Enoggera, containing about one hundred and sixteen acres one rood and four perches, and being part of the land contained in the said Deed of Grant number 76985. 3. The said Agreement, dated the fifteenth day of Ratification June, one thousand nine hundred and fifteen, made and :=firmation entered into by and between the Trustees and the Council of (a copy whereof is set forth in the Schedule to this Act), ~ cg~ : ~ : : : ~ t. is hereby ratified and confirmed, and from and after the passing of this Act the said Agreement shall be of full force and effect.

7136 PARKS AND PUBLIC LAND. Toowong Park Act. 6 GEO. V. No. 8, Power to transfer. 4. Notwithstanding anything contained in the "Cemetery Act 1865 "* or the said Deed of Grant, the Trustees are hereby authorised to sell and transfer to. the Council the lands in the said Agreement agreed to be sold and transferred, and upon such sale and transfer the said lands shall be discharged from any trust for the purposes of a cemetery, and shall be held by the Council in trust for the purposes of a park and recreation ground or either of such purposes, or for such other purposes connected with the local government of the said town as the Council, with the approval of the Governor in Council, may from time to time direct or declare: Provided that the purchase money to be received by the Trustees in respect of the said sale shall be applied for the purposes of the Brisbane General Cemetery, but the Council shall not be called upon to see to the applica- tion thereof. ecParoesweamteeretnot 'Loca 5 l A . u N th o o t r w it i i t e h s s A ta c n ts d , i1n9g02a-n1y9t1h3in, " gt ocronantayinoethdeirnAc " t T , t h h e e s t a o anmdreedg. iirsetcetrion TCrouusntceielsisthheerriegbhyt atoutrheomriosevde tsoogilraanntdogrrtarvaenlsfferromto tthhee said subdivision 6 for use in the Brisbane General Cemetery in the said Agreement mentioned. Upon production to the Registrar of Titles of a duly executed instrument granting or transferring to the Trustees the said right, and containing such terms, conditions, stipulations, and provisoes in relation thereto as may be agreed upon, such Registrar shall register such instrument, and such instrument shall, for all pur- poses of " The Real Property Acts, 1861 to 1887,".t, be deemed to create an easement under the said Acts, and shall be construed and have effect accordingly. * 29 Vic. No. 15, supra, page 141. 2 Edw. VII. No. 19 and amending Acts, supra, pages 1860 et seg., 5653, and 5918. t 25 Vic. No. 14 and amending Acts, Rupra, pages 2984 et seq.

1915. PARKS AND PUBLIC LAND. Toowong Park Act. THE SCHEDULE. MEMORANDUM OF AGREEMENT made this fifteenth day of. June, one thousand nine hundred and fifteen, between GEORGE MYERs, JAMES COWLISHAW, JAMES STODART, ANDREW LANG PETRIE, WILLIAM DOUGLASGRIMES, JOHN ALOYSIUS HAYES, JAMES WILLIAM WASSEL:r.;, JOHN MACDONALD, GEORGE FREDERICK SCOTT, WILLIAM THORNE, and EDWIN WESLEY HowARD FOWLES, all of Brisbane in the State of QUeensland, the Trustees of the Brisbane General Cemetery (hereinafter called "The Trustees," which words, where the context will permit, shaRinclude their duly appointed successors), of the one part, and THE CO-qNCIL OF THE TOWN OF ToowoNG,a Local Authority duly constituted under and for the purposes of "The Local Authorities Acts, 1902-1913"* (hereinafter called "the Council "), of the other part. Whereas the Trustees are registered as the proprietors, as Trustees of the Brisbane General Cemetery, of an estate in fee-simple (free from encumbrance) in all that piece of land situated in the county of Stanley, parish of Enoggera, containing an area of 248 acres 3 roods 22 perches (exclusive of 9 acres and 18 perches for surveyed roads), be the same more or less, being portion 54 and being the whole of the land contained in Deed of Grant number 76985, Register Book volume 804, folio 245, and which area is in the said Deed of Grant erroneously stated to be 249 acres (exclusive of 8 acres 1 rood 23 perches for surveyed roads) : And whereas the Council has applied to the Trustees to l5ell and transfer to the Council a portion of the said land for the purposes of a public park and recreation ground or either of such purposes, or for such other purposes connected with the local government of the said town as the Council,with the approval of the Governor in Council,. may from time to time direct or declare, which the Trustees have agreed to do, to the extent and subject to the terms, conditiQns, and stipulatiQns hereinafter cQntained : NQw, therefQre, this Agreement witnesseth as fQllows :----' 1. Subject to' the passing Qf an Act by the Parliament Qf the State Qf Queensland enabling the Trustees to' effectively carry Qut the prQ- visiQns Qf this Agreement (which Act the CQuncil hE(reby agrees to' prQmQte with all convenient {iespatch), the Trustees agree to' sell and transfer to' the Council, and the CQuncil agrees to purchase' and to' accept such transfer Qf- All that piece Qf land situated in the CQunty of Stanleyand parish Qf EnQggera, being subdivision lQf PQrtion 54,. cQntaining 97 acres and 2 perches, be the; same mQre Qr less, commencing at the sQuth-west CQrner of the portiQn and bQunded thence on· the west by part Qf a reserve (MQunt Coot-tha) bearing 0° 27' thirty-twO' chains seventy-Qne links; Qn the north-west by lines bearing 83° 45' five chains sixty-fQur and a-half links, 78° I' Qne chain fifty- four and one-tenth links; on the east, nQrth-east, and It 2 Edw. VII. No. 19 and amending Acts, 8upra, pages 1860 et 8eq., 6653, and 5918. 7137

1138 PARKS AND PUBLIC LAND. Tooll'ong Parle Act. 6 GEO. V. Ko. 8, north by subdivision 6 bearing 180° 27' eleven chains ten and seven-tenths links, 1l0° 03' seventeen chains thirty-two and eight-tenths links, 89° 35' seventeen chains forty links; again on the north-east and north by road lines bearing 107° 10' five chains seventeen and nine-tenths links, 88° 59' one chain fifty-six links; again on the east by lines bearing 172° 28' eight chains seventy-three and three-tenths links, 180° 28' six chains ninety-three links; and on the south by a road bearing 270° 25' forty-eight chains fifty-nine links to the point of commencement; free from encum- brance: and also- . All that piece of land situated in the same county and parish being subdivision 6 of the said portion 54, containing 35 acres 2 roods 16 perches be the same more or less, com- mencing at a point bearing 83° 45' five chains sixty-four and a-half links, 78° 01' one chain fifty-four and one-tenth links, from the north-west corner of subdivision 1 of the portion, and bounded thence on the north-west and north-east by a road bearing 78° 01' three chains thirty-one and one- tenth links, 106° 50' two chains thirteen and one-tenth links, 109 0 55' seven chains seventy-nine and two-tenths links, 95 0 08' four chains forty-seven and four-tenths links, 109° 22' four chains ninety-eight and eight-tenths links, 130° 34' four chains fifty-eight and a-half links, 144 0 26' four chains twenty-eight and seven-tenths links, 146 0 12' four chains sixty-one and two-tenths Fnks, 121 0 01' three chains eighty-three and four-tenths links; on the south, south-west, and west by lines bearing 269° 35' seventeen chains forty links, 290 0 03' seventeen chains thirty-two and eight-tenths links, 0° 27' eleven' chains ten and seven-tenths links, to the point of commencement: which two pieces of land hereby agreed to be transferred are parts of the land comprised in the said Deed of Grant number 76985, Register Book volume 804, folio 245; and the Council agrees to grant or transfer to the Trustees in the form contained in the Schedule hereto, or aEl near thereto as the circumstances will permit, the right to remove soil and gravel from the said subdivision 6 for use in the said Brisbane General Cemetery, and the Trustees agree to accept such grant or transfer on the terms and conditions and subject to the stipulations and provisoes in the said grant or transfer contained. 2. Forthwith upon the passing of the said Enabling Act by the said Parliament, the Trustees shall by a memorandum of transfer effectively transfer to the Council the two pieces of land last aforesaid, and the Council shall, by a proper instrument as aforesaid, grant or transfer to the Trustees the said right to remove soil and gravel from the said subdivision 6 for use in the Brisbane General Cemetery. 3. Immediately on the execution of the transfer of the said lands by the Trustees to the Council in manner hereinbefore provided, and the delivery of same to the Council, the Co.uncil shall pay to the Trustees the sum of one thousand pounds sterling. 4. The Council, at its own expense, shall cause to be prepared all necessary survey plans and descriptions of the said land, and all assur- ances, charges, and other documents which may be required for the

P AHKS AND PUBLIC LAKD. 1915. Toolcong Park Act. purpose of carrying these presents into effect, and also cause to be prepared all necessary documents which may be required for the purpose of applying to the proper officer for and obtaining in the names of the Trustees a certificate of title under the provisions of the Real Property Acts in respect of the land known as subdivisions 2, 3, 4, and 5 of the said portion 54, containing 116 acres 1 rood 4 perches (exclusive of about 9 acres and 18 perches required for surveyed roads), be the same more or less, being the unsold balance of land contained in the Deed of Grant number 76985 aforesaid, and also all necessary documents which may be required for the purpose of granting or transferring to the Trustees the said right to remove soil and gravel from the said subdivision 6 for use in the Brisbane General Cemetery; and the Council shall pay all stamp duty and registration fees on or incidental to all such documents as aforesaid. 5. The Council shall as soon as possible, at its own expense, take all such steps as may be necessary to secure the passage through Parlia- ment of an Act ratifying and approving of this Agreement. 6. All costs, stamp duty, and fees in connection with this Agree- ment and in connection with the carrying this Agreement into effect, including the costs of the solicitors for the Trustees, shall be borne and paid by the Council. 7. This Agreement shall have no force or effect unless or until the same has been ratified and approved of by an Act of Parliament of the State of Queensland. In witness whereof the parties hereto of the first part have here- unto set their hands the day and year first hereinbefore written, and tHe seal of the town of Toowong has been affixed hereto under and by virtue of a resolution of the Council passed the first day of June, one thousand nine hundred and fifteen. THE SCHEDULE HEREINBEFORE REFERRED TO IN THE ABOVE-WRITTEN AGREEMENT. The Council of the town of Toowong, a Local Authority duly constituted under and for the purposes of "The Local Autho1'ities Acts, 1902-1913"* (and hereinafter called "the Council"), being the registered proprietors of an estate in fee-simple of the land known as subdivisions 1 and 6 of portion -54, containing 132 acres 2 roods and 18 perches, and being part of the land contained in Deed of Grant number 76985, Register Book volume 804, folio 245, situated in the county of Stanley, parish of Enoggera, which said subdivisions the Council has recently purchased from George Myers, James Cowlishaw, James Stodart, Andrew Lang Petrie, William Douglas Grimes, John Aloysius Rayes, James William Wassell, John Macdonald, George Frederick Scott, \Villiam Thome, and Edwin Wesley Roward Fowles, the Trustees of the Brisbane General Cemetery (herein- after called "the Trustees," which words, where the context will permit, shall include their duly appointed successors), in consideration of the sum of one thousand pounds and the grant or transfer by the Council to the Trustees of the rights in and over the said subdivision 6 hereinafter expressed and created hereby in consideration of the premises, and the sum of one pound (the receipt whereof is acknowledged), grants and transfers to the Trustees, being the owners of the said Brisbane General Cemetery, comprising the lands known as subdivisions 2, 3, 4, and 5 of the said portion 54, full and exclusive right and privilege for ever hereafter to excavate to a depth not exceeding four feet below the present surface of and to remove and carry away from the whole or any part or parts of the said subdivision 6 all such soil and gravel as the Trustees shall from time to time require for use in the said Briubane General Cemetery, comprising the said sub- divisions 2, 3, 4, and 5 of the said portion 54. For the purpose aforesaid, the * 2 Edw. VII. No. 19 and amending Acts, supra, pages 1860 et seq., 5653, and 5918. 7139

7140 PARKS AKD PUBLIC LAXD. Toowong Park Act. 6 GEO. V. No. S, Trustees and the agents, servants, work.Inen, and contractors "of the Trustees shall have full and free right and liberty, at all reasonable times hereafter between sunrise and sunset, with cir without horses, drays, carts, wagons, motors, and other vehicles, to go, pass, and repass upon and over the said subdivision 6, but without doing any unnecessary damage to the said subdivision 6 or any improvements now or at any future time thereon, and without unnecessarily leaving open any gate, door, or sliprail which may from time to time be in use in cOlmection with the enclosure of the said subdivi!\ion 6: Provided always and it is hereby agreed and declared by and between the Council and the Trustees that, if the Trustees shall at any time hereafter notify the Council that the Trustees have ceased to require any further supply of soil or gravel from the said subdivision 6 for use in the said Brisbane General Cemetery, then and immediately thereupon the Trustees shall, at the expense of the said Council, execute all such documents as the Council may reasonably require for the purpose of surrendering to the Council and absolutely extinguishing and determining the rights hereby granted and created. Dated at Toowong this Fifteenth day of June, 1915. [Signed and 8ealed, etc.] Signed by the said George Myers in ~ the presence of ) E. GRIFFITH OXLEY, J.P. GEORGE MYERS. Signed by the said James Cowlishaw ~ JAS. COWLISHAW. in the presence of 5 E. GRIFFITH OXLEY, J.P. Signed by the said James Stodart in} the presence of E. GRIFFITH OXLEY, J.P. JAS. STODART: Signed by the said Andrew Lang 1 ANDREW L. PETRIE. Petrie in the presence of 5 E. GRIFFITH OXLEY, J.P. SigneGdn. mbyes t~ il e l tSaheidpWresiellniacme 0 Df ouglas l \ E. GRIFFITH OXLEY, J.P. W. D. GRIMES. .signed by the said John Aloysius l JOHN A. HAYES. Hayes in the presence of 5 E. GRIFFITH OXLEY, J.P. ,signed by thE) said "James William 1 JAMES W. WASSELL. WasselI in the presence of 5 E. GRIFFITH OXLEY, l.P.

1915. PARKS AND PUBLIC LAND. Toowong Pork Act. Signed by the said John Macdonald ), in the presence of E. GRIFFITH OXLEY, J.P. J. 1VL.A.CDONALD. Signed by the said George Frederick) Scott in the presence of E. GRIFFITH OXLEY, J.P. GEO. FRED. SCOTT. Signed by the said William Thorne in) the presence of E. GRIFFITH OXLEY, J.P. WILLIAM THORNE. Signed by the said Edwin Wesley ) Howard Fowles in the presence si of E. GRIFFITH OXLEY, J.P. E. W. H. FOWLES. The Seal of the Council of the town on Toowong was hereunto affixed 1 by Alexander Thomas Fraser, 1 the clerk of the town of Toowong (in pursuance of a resolution of the Council of the town of Too- wong passed the first day of June, 1915), in the presence of G. R. FLOWER. CHARLES PATTERSON, Mayor. ALEX. T. FRASER, Town Clerk. Corporate Seal. tine‘ \ I certify that the seal of the Council of the town of Toowong was affixed hereto by me, and that I am the proper officer in that behalf. ALEX. T. FRASER, Town Clerk of Toowong. 7141. ROCKHAMPTON HARBOUR BOARD. See HARBOURS. SEWERAGE (METROPOLITAN). See WATER SUPPLY AND SEWERAGE. TOOWONG PARK. See PARKS AND PUBLIC LAND.