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An Act to Make Provision for the Purchase of the Ideraway

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An Act to Make Provision for the Purchase of the Ideraway 8884 LANDLORD AND TENANT-LANDS. Iderawall Estate Special Purchase Act. 5 Enw. VII. No. 21, 6. If before award an umpire dies, or is incapable of acting, or for seven days after notice from either party requiring him to act fails to­ act, th€ arbitrators may appoint another umpire. 7. If for seven days after request from either party, the arbitratorS' fail to appoint an umpire, or another umpire, then, on the application of either party, the Minister shall appoint a person to be the umpire. 8. Neither party shall have power to revoke an appointment of an arbitrator without the consent of the other. 9. Every appointment, notice, request, revocation, and consent under this Part of these rules shall be in writing. Time for Award. 10. The arbitrators shall make and sign their award in writing within twenty-eight days after the appointment of the last appointed of them, or on or before any later day to which the arbitrators, by any writing signed by them, may enlarge the time for making the award, not being more than forty-nine days from the appointment of the last appointed of them. 11. If the arbitrators have allowed their time or extended time to eXJ>ire without making an award, or have delivered to either party or to the umpire a notice in writing stating that they cannot agree, the umpire may forthwith enter on the arbitration in lieu of the arbitrators_ U. The umpire shall make and sign his award within one month after the original or extended time appointed for making the award of the arbitrators has expired. 13. The time for making an award may from time to time be extended bv the Minister, whether the time for making the award has expired or not. Removal of Arbitrator, Evidence, Statement of Case, Award, Costs, Forms. 14. The provisions of Part I. of these rules as to the removal of an arbitrator, the evidence, the statement of a ease, the award, C08ts, and forms shall apply to an arbitration in aceordance with this Part as if the expression" arbitrator" whenever used in those provisions included two arbitrators or an umpire, as the case may require. LANDS. Ideraway Estate Special Purchase Act 0/,1905 5 Edw. VILNo. 21 Special Agricultural Selections Act of 1905 20 Land Acts and Agricultural Ldnds Purchase Acts " " Amendment Act of 1905 28 " " 5 Edw. VII. An Make Provision for the Purchase of No. 21. Act to THE the Ideraway Estate, in the Burnett District, . IDERAWAY ESTATE for Settlement under "The Agricultural. SPECIAL PUR­ OHASE ACT Lands Purchase Acts, 1894 to 1901." OF 1905. [ASSENTE 11 TO 18TH DECEMBER, 1905.] Preamble. HEREAS it is desirable that certain lands known as W the Ideraway Estate, in the Burnett District, should be acquired from the owner thereof for settlement unde!! • LANDS. 88S5 1905. Ideraway Estate Speoial Purchase Act. ' "The Agricultural Lands Purchase Acts, 1894 to 1901,"· and .that a certain agreement which has, subject to the ratification, thereof by Parliament, been entered into by the Secretary for Public Lands for the acquisition of the said estate by the Crown, should be ratified and approved by Parliament: 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 Queensland in Parliament assembled, and by the authority of the same, as follows :-, 1. This Act may be cited as "The Iderawa'IJ Estate Short title. Special Purchase Act of 1905," and shall be read as one with "The Agricultural Lands Purchase Acts, 1894 to 1901."· 2. The agreement next hereinafter set out, entered Purchase into by and between the Ministerand James John Cadel1,~!!eraW&Y of Ideraway, in the State of Queensland (hereinafter called s e. the Vendor), for the aoquisition by the Crown of the lands known as the Ideraway Estate, and in the said agreement particularly described, at the price of seven thousand one hundred pounds to, be paid in sterling money out of the Consolidated Revenue Fund, and upon other terms and conditions in the said agreement set out, is hereby ratified and approved- AGREEMENT made this ninth day of November, one thousand nine hundred and five, between James John Cadell, of Ideraway, in the County of· Bowen, in the State of Queensland, grazier (hereinafter called "the vendor"), of the one part, and the Honourable Joshua Thomas Bell, the Secretary ror Public Lands, of Queensland (hereinafter called "the Minister"), of the other part, witnesseth that the vendor has agreed to l!urr~nder to His Majesty King Edward the Seventh and the M~qister, with the sanction of the Governor ih Council of the said Stat.e, and subject to the conditions pr~scribed by "The Agricultu'1'alLandll Purchase Acts, 1894 to 1901," and subject to the ratification by Parliament of this agreement, has contracted with the vendor for the acquisition of al) those pieces or pal'cels of freehold land forming part of the Ideraway Estate, in the Gayndah Land Agenes District, consisting of the portions more particularly described in the Schedule hereto and roughly shown, coloured blue, on the plan ,attached hereto marked 11 A;" and containing by I!<dmeasurementsix thousand nine' hundred and forty-six, acres, be the same I!< little more or less, free from encumbrances, and with all improvements thereon, for the price and subject to the conditions 'hereinafter memipned, that is to 8ay,-' 1. The price to be paid for the said lands, so surrendered to th~ CrOWD shall be the sum of seven thousand' one hundred pounds sterling. and shall be paid to the,v~ndor upon the registration of the surrender " • 58 Vi!'. No, ~7, Bjtpra! page ~988; 61 Vie. No. 13, supra, page 6223,; and 1 Ed~.• 'VII. No. 9, Bupra, page 8133. '" 8886 LANDS. Iderawa'!J E.~tate Sper;ial Purchase Ad. 5 ]]DW. VII. No. 2l, hE'reinaftE'r mentionE'd of the said lands free from encumbrances, or on the third day of January, one thousand nine hundred and six, if the surrender is registered before that date. 2. If any error, mis8tatement. or omisRion should be discovered in the particulars of the said land, the same shall not annul the liIale, but the areas stated herein are to be accepted by the vendor and the Minister as the correct areas of the lands surrendered. 3. The Minister shall, immediately upon the execution of this agree­ ment, be at liberty to have the 8aid landR surveyed and subdivided into areas suitable for sale and selection under the said Acts, and for such purpose all surveyors and other persons authorised by the Minister shall be permitted to enter and remain upon the said lands for so long as may be reasonably necessary, and to survey and erect and maintain thereon such pegs and other marks as may be deemed advisable by them without {;ompensation to the vendor for disturbance or otherwise. 4. The vendor shall not be required to remove any of his stock or plant off the property for a period of two months after the date of ratification by Parliament of this agrE'ement, during which time he shall have (subject to the preceding clause) full use of the land and improve­ ments. 5. All improvements existing on the land ~han be the property of the Crown and included in the said ~ale, and shall not be interfered with or removed bv the vendor. The vendor shall insure and continue to insure the buildings until delivery, and the insurance policies for insurance on the said buildings shall be handed over to the Minister, and shall be transferred to him on behalf of the Government of Qupensland, and the Minister shall then pay to the vendor a fair and due proportion of the immrance premiums in respect of the period between the delivery and the expiration of the terms of such insurances. 6. Possession of the said lands shall be given by the vendor to the Minister on the third day of January, one thousand nine hundred and . six, and the vendor shall on or before such last-mentioned date execute .all such surrenders and other assurances aR may be necessary to effectually vest the said lands in His said Majesty, and hand to the Minister the deeds anJ titles and policies relating to the said lands and the buildings thereon free from encumbrances. 7. In all cases where part only of the area of land described in any -Crown grant or other title is to be surrendered, the plan, description, and declaration required to complete the registration of the said surrender shall be furnished by the vendor to the Minister without unnecessary delay. H. In consideration of the said sum of (£7,100) seven thousand one hundred pounds, the vendor, shall also surrender to His Majesty King Edward the Seventh the lease of Ideraway Holding, in the Hurnett District, containing about thirty-three and eleven thirty-seconds square miles, and the lease of Unconditional Selection 103, in the Gayndah Land Agent's District, being Portion 68, County of Bowen, Parish of Binjour, containing one hundred and fifty-nine acres, be the same a little mere or less, all free from encumbrances, and with all improvements thereon, as from the third day of January, one thousand nine hundred and six. 9. All expenses either on account of surveys, preparation of plans, descriptions, or otherwise, which may be necessary to complete the regis­ tration of the said surrender shall be borne by the vendor; the cost of LANDS. 888'7 19u5.
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