Act to Amend "The Sugar Works Guarantee Acts, 1893 to 1895."

Transcription

1 9336 PENSIONS-SUGAR. Sugar Works Guarantee Aots Amendment Act. 8EDW. VII. No. 10, (2.) A statement in writing purporting to be signed by the Registrar that any person is a pensioner in receipt of a pension of a cartain rate shall he primdfacie evidence that such person is a pensioner in receipt of a pension and of the rate thereof. Seotion 4. THE SCHEDULE. I,, of.,do sincerely promise and swear tha t, as a commi~sioner un<ier " The Old-age Pe'll8ions Act of 1908," I will at all times alld in all thingf< do equal justice to the poor and to the rich, and discharge the duties of my office according to law and to the best of my knowlt. dge and ability without fear, favour, or affection. SO HELP ME GOD. RELIGIOUS INSTRUOTION IN STATE SOHOOLS REFERENDUM. See EDUCATION. SOAFFOLDING. See MACHDiERY AND SCAFFOLDING. SHOPS. See FACTORIES AND SHOPS. 8 l<:dw. VII. An No. 10. THIIl SUGAR WORKS GUARANTEE ACTS AMJI:NDMI!lNT ACT m' Short title a.nd construction of Act. SUGAR. Act to Amend "The Sugar Works Guarantee Acts, 1893 to 1895." B [ASSENTED TO 15TH APRIL, E it enacted by the King's Most Excellen.t MajPsty, by and with the advice and consent of the LegislativeCouncil and Legislative Assembly of Queensland in Parli!lment assembled, and by the authority of the same, as follows :- 1. 1'his Act may be cited as "The Sugar Worktt Guarantee Aa's Amendment Aat of 1UOR," and shall be read and construed with and as an amendment of " The Sugar Works Guarantee Ads, 1893 to 1S3~15." This Aut and those Acts may together be cited as "The SU!Jar Works Guaranf('e Ad'!, 18~H to ,." 'it 67 Vic. No. 18, 8upra, page 48741, a.nd 59 Vie. No. H, supra, }>8ge 5709.

2 SUGAR. 9337' Su.qar Works Guarantee Acts Amendment Act. 2. In this Act, except where the context otherwise Interpretation indicates, the following terms have the meanings set against them respectively, that is to say :- "L'1nd"-Any estate or interest in land; "Crown Lands A cts"-the laws in force for the time being relating to the occupation and alienation of lands of the Crown; " Corporation"-The Corporation of "The Treasurer of Queensland," as created by this Act; " 'rhe Principal Acts"-" The Sugar TVorks Guarantee Ads, 1893 to 1895."* 3. The Treasurer and his successors in office shall, 'Treasurer to for the purposes of the Principal Acts, be a corporation ~i~~ ~~{rrasole by the name, style, and title of "The 'Treasurer of Queensland," and by that name shall have perpetual succession and a corporate seal, and, notwithstanding the provisions of " The Crou;n Remedies.LJ ct of ] 874 "t or of any other A ct, may institute any proceedings, and sue, and, in the manner provided by this A ct, may be sued. and may take, hold, purchase, and alienate land for the purposes of the Principal Acts, and do and suffer all such other acts and things as bodies corporate may by law do and suffer. The signature of the Treasurer and the seal of the Corporation shall be judicially recognised in all Courts. 4. When any proceedings are intended to be instituted Application against the Corporation, for the purpose of enforcing any ~l~~n~:e claim or demand arising out of any act, matter, or thing against d one un d er or In pursuance 0 f t1 le P' rlnclpa. 1 A c t s or t1' lls Act." Government Act, the Governor may, on presentation of a petition in the manner provided by " The Claims against Govprnment Act,"+ appoint the Corporation to he a nominal defendant under that Act for the purposes of such proceedings, and thereupon the provisions of that Act shall apply to such proceedin gs. 5. If, pursuant to the powers contained or implied Disposal of by law in any mortgage, bond, covenant, agreement, or ~~~~ired by other instrument given or entered into under the Principal foreclosure, Acts, on or in connection with any loan, advance, or &c. guarantee by the Treasurer on behalf of the Government, or wherein the Treasurer as aforesaid is a party, any Jand. is acquired by the Crown or by the Treasurer as aforesaid, whether by way of foreclosure, transfer, surrender, or _* 57.Vir. No. IS, supra, page 487t, and 69 Vie. No. 14, supra, page t 38 Vie. No. 13, supra, page 394. :I: 29 Vie. No. 23, 8upra, page 393.

3 9338 SUGAR. Su.qar Works Guamntee Acts Amendment Act. 8 Enw. VII. N 0.10, otherwise, then, notwithstanding any Act to the contrary, such land shall not be deemed to be Orown land within the meaning of the Orown Lands Acts; but all such land shall pass to and vest in the Oorporation, and may, from time to time, be sold, demised, or otherwise dealt with by the Treasurer in such manner as the Governor in Oouncil may direct. Disposal o~ 6. (1.) If, for the more beneficial use and enjoyment }~~~r:~~::;~ of any land acquired in pursuance of any such power as in the last preceding section is mentioned, any other land is acquired by the Orown or by the Treasurer on behalf of the Government, by transfer, surrender, or otherwise, for tramway, railway, drainage, or any other purposes, then, notwithstanding any Act to the contrary, such land shall not be deemed to be Orown land within the meaning of the Orown Lands Acts; but all such land shall pass to and vest in the Oorporation, and may, from time to time, be sold, demised, or otherwise dealt with by the Treasurer in such manner as the Governor in Oouncil may direct. (2.) If in any case the interest so acquired in any land for tramway, railway, drainage, or any other purposes is acquired by any lease or other instrument in writing and is less than a freehold interest, then, notwithstanding any Act to the contrary, all powers, rights, and liabilities arising or implied by law in favour of or against the Crown or the Treasurer under such lease or instrument, or any condition, covenant, stipulation, or provision therein contained or by law implied, shall pass to and vest in and may be exercised and put in force by and against the Oorporation, and the land comprised in such lease or instrument may, subject thereto, from time to time, be assigned, sub-let, surrendered, or otherwise dealt with by the Treasurer in such manner as the Governor in Oouncil may direct and the parties to such lease or instrument may agree. (3.) The provisions of "The Undue Subdivision of Land Prevention Act of 188;),,* shall not apply to any land acquired or intended to be acquired under any such transfer, surrender, lease, or instrument as in this section is mentioned, or to any disposition thereof made by the 'rreasurer under the provisions of this section. Selected lar:d 7. In any case where, prior to the passing of this Act, already surrendered any sdertor or lessee of any land held under the Grown to vest in Lands Acts has surrendered, or agreed to surrender, to Corporation. the Orown, his right, title, or interest in all or any portion, 49 VlC. No. 15, 8upm, page 2210.

4 SUGAR Sugar Works Guarantee Acts Amendment Act. of such land, to be used for tramway, railway, or other purposes in pursuance of any powers conferred upon the Treasurer under the Principal Acts, then, notwithstanding any Act to the contrary, such land shall not be deemed to have thereby become Crown land within the meaning of the Crown Lands Acts; but all such land shall be deemed to have passed to and to have become absolutely vested in fee-simple in the Corporation, as if the Corporation had been in existence at the time of such surrender, or agreement for surrender, and such surrender, or agreement for surrender, had been made to or entered into with the Corporation, and, notwithstanding any Act to the contrary, a deed of grant in the name of the Corporation may be issued therefore. 8. In any case where, on or in connection with any Treasurer loan, advance, or guarantee made by the Treasurer, on may release b e h ao 1 f the G overnment, to any Company un d er t h e and cane-growers their Principal Acts, such Company has, for the purpose of secur-ll?,nb~ls'tfromd. th C lid d R. 1"' f la 11 mg e onso ate evenue agamst oss m respect yun er 0 any mortgage. such loan, advance, or guarantee, caused to be executed, in the name of the Treasurer, any mortgage, charge, lien, security, or other assurance, over any land, the property of any persons other than such Company, to be used for the purpose of growing cane for keeping the sugar works of such Company fully employed, or over any other land or any chattels, the property of any persons other than such Company, then, notwithstanding that default may have been made by the Company in repayment of the amount, or any portion of the amount, of the principal or interest at any time due to the Treasurer in respect of such loan, advance,or guarantee, and notwithstanding that the Treasurer may have entered into possession of all or any of the land or chattels so mortgaged, charged,or other-w ise.made security for such repayment, the Treasurer may, with the approval of the Governor in Council, and upon such terms (if any) and subject to such conditions (if any) as the Governor in Council may direct, from time to time, release and. discharge all or any of such other persons and all or any portion of such land or chattels so mortgaged, charged, or made security, from all liability under such mortgage, charge, lien, security, or other assurance. No such release or discharge shall in any way affect the liability of the Company or of any other persons not. expressly released or discharged, or operate to release Of I

5 9340 SUGAR. Appropria. tion of proceeds. Issue of title in name of Corporation. Powers of Treasurer. Retrospective operation. Sugar Works Guarantee Acts Amendment Act. 8 Eow. VII. No. 10, discharge any land or chattels of such Company or other persons so mortgaged, charged, or made security, and not expressly released and discharged, in respect of any such ' loan, advance, or guarantee, or any part thereof. 9. The proceeds arising from the sale, demise, or other disposal of any land to which this Act applies, or from any proceedings instituted by the Corporation in pursuance of this Act, shall either be credited to the account or fund opened in the books of the Treasury in connection with the loan, advance, or guarantee in question, or, if the Governor in Council so directs, shall be paid into the Consolidated Revenue. 10. For the purpose of giving full effect to this Act, any land to which this Act applies, which is not subject to " The Real Property Acts, 186 L to 1887,"* may be brought under those Acts, and registered in the name of "The Treasurer of Queensland," and all such land which is subject to those Acts may be registered in the name of "The Treasurer of Queensland." 11. For the purpose of giving full effect to this Act, the Treasurer, on behalf of the Government,. shall have power in his corporate name-. - (i.) To enter into any contract or agreement with any Local Authority determining and defining the conditions under which any tramway or railway used or to be used in connection with any sugar works may be carried along or across any road or street the property or under the control of such Local Authority; and (ii.) To enter into all contracts or agreements and to execute all instruments which in his opinion are necessary or proper for carrying out the objects of the Principal Acts or this Act, or the powers of the Treasurer thereunder. 12. The provisions of this Act shall have retrospective operation for the purpose of vesting in the Corporation any land already acquired by the Crown or by the T:easurer on behalf of the Government, and any powers, rights, or liabilities arising under any lease or instrument in writing already entered into by the Treasurer, under the provisions of the Principal Acts, and of enabling the Treasurer to deal. with any land to which this Act would have applied if it had been in operation when such. land was acquired. * 25 Vic. No..I4, supra, page 2148; 41 Vic. No. 18, supra, page 2196; 48 Vie. No. 4, supra, page 2206; and 51 Vie. No. 3, supra, page 2207.