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Prahran and Malvern Tramways !Trust. [Ko VICTORIA. ANNO PRIMO GEORGII QUINTI REGIS. No. 2294. An Act to consolidate and amend the Prahran and Malvern Tramways Trust Acts and for other purposes. [Ath January, 1911.] "TTTHEREAS by the provisions of the Prahran and Malvern Tramways fcre»mbi». W Trust Act 1907 a body corporate known as the Prahran and Malvern Tramways Trust was created for the purpose (inter alia) of constructing and operating certain tramways in the municipalities of Prahran and Malvern: And whereas the said municipalities have agreed with the municipalities of St. Kilda and Caulfield to apply for a joint Order in Council under the Tramways Act 1890 authorising them to con­ struct a tramway in Dandenong-road from Ohapel-street to Glenferrie- road and to transfer to the Prahran and Malvern Tramways Trust the powers and authorities oonfpred or to be conferred by such Order in Council: And whereas it is desirable to provide for the representation of such last-mentioned municipalities on the Trusts And wherdas it may hereafter be desirable that Orders in Council under the provisions of the Tramways Ad 1890 or any amendment thereof be granted or trans­ ferred to the Trust and that representation on the Trust be given to municipalities other than those hereinbefore named: And whereas for these and other purposes it is expedient to make provision for the repre­ sentation of other municipalities on the said Trust and to consolidate and amend the Frahran and Malvern Tramways Trust Acts: Be it therefore enacted by the Sling's Most Excellent Majesty by and with the |ii.3 00$ i*i> * 1 GEO. V.] Prahran and Malvern Tramways Trust. 1T [No. 2294. the advice and consent of the Legislative Council and the Legislative Assembly of Victoria in this present Parliament assembled and by the authority of the same as follows:— Title of Act. 1. This Act may be cited as the Prahran and Malvern Tramways Trust Act 1910. Repeal of Acts. 2. The Acts mentioned in the First Schedule to this Act are hereby First Schedule. repealed : Provided that unless a contrary intention appears herein such repeal shall not affect property vested acts and things authorized or powers acquired and all existing contracts and obligations may be carried out and enforced and all creditors shall have the same rights and remedies and all debentures shall have the same force and effect as if this Act had not been passed and all by-laws made under any such Acts shall remain in force until repealed. Interpretation 3. For the purposes of this Act the following terms when not incon­ clause. sistent with the context or subject-matter shall have the several meanings hereinafter assigned to them:— " The Minister " shall mean the Minister of the Crown for the time being administering the Department of Public Works. " The city of Prahran " shall mean the Mayor Councillors and Citizens of the city of Prahran. "The city of St. Kilda " shall mean the Mayor Councillors and Citizens of the city of St. Kilda. " The town of Malvern " shall mean the Mayor Councillors and Burgesses of the town of Malvern. " The town of Caulfield " shall mean the Mayor Councillors and Burgesses of the town of Caulfield. " The Trust" shall mean the Prahran and Malvern Tramways Trust. " The municipalities " shall mean the municipalities for the time being having representation on the Trust. " The undertaking" shall mean the tramways heretofore con­ structed by and now vested in the Trust and all tramways hereafter constructed or to be constructed by or which may hereafter be or become vested in it and all lands buildings and appurtenances and all rolling-stock machinery and plant at any time acquired or used by it in connexion with any of such tramways. Trust incorporated. 4. As from the twenty-third day of December One thousand nine hundred and seven there shall be a body corporate by the name of the Prahran and Malvern Tramways Trust hereinafter called " The Trust" and such body corporate by" that name shall have perpetual succession and a common seal and may sue and be sued and shall have power to purchase take hold sell mortgage lease take on lease exchange or dispose of land or property for any of the purposes of the Act. 5. Until 606 1 GEO. V.] Prahran and Malvern Tramways Trust [No. 2294. 3 6. Until the first day of November One thousand nine hundred pment oomtitution and eleven or the opening for traffic of the tramway referred to in |£^^tfTOntli^d clause two of the Second Schedule hereto whichever shall first happen 1911, Dr opening * (and which date is hereinafter referred to as the " appointed day ") the of^^^ong" Trust shall continue to be constituted as if the Acts mentioned in the se0ond Schedule. First Schedule had not been hereby repealed and upon the appointed day the members of the Trust other than the Chairman shall retire from office. Upon and after the appointed day and subject to the provisions Future constitution hereinafter contained the Trust shall consist of five members one of Tru-t of whom shall be a member of and elected by the council of the city of Prahran and one of whom shall be a member of and elected by the council of the city of St. Kilda and one of whom shall be a member of and elected by the council of the town of Malvern and one of whom shall be a member of and elected by the council of the town of Caulfield and a fifth member who shall be and is hereinafter referred to as " The Chairman." The publication by the Trust in the Government Gazette of a notice stating the day appointed for such alteration of the construction of the Trust shall be conclusive evidence of the appointed day. 6. The present Chairman of the Trust shall continue to hold office as Present chairman Chairman until the sixteenth day of March One thousand nine hundred SKS"**1 ** and fourteen unless he shall resign his office or become disqualified under any of the provisions herein contained. In case of a vacancy in the office of Chairman the same shall be filled Future chairman, by the appointment of some person to be appointed by the' councils of how rfw5tod- 2 1 S h#dule the municipalities and who shall not be a member of any of such councils. ^£ 2 ^d 5 If such councils shall fail to agree upon the person to be appointed as such Chairman within one calendar month after such vacancy occurs the Minister for the time being shall by writing under his hand nominate and appoint some person to be such Chairman and shall signify such appointment to the Trust in writing and such nomination and appoint­ ment shall be as effective as if the same had been made by the councils of the municipalities. 7. Subject to the provisions herein contained the Chairman shall chairman's temira hold office for four years from the date of his election or re-election. o£ offiot- The Chairman shall cease to be a member of the Trust if he become Disqualification of a member of the council of any of the municipalities or if his estate shall chairman and be sequestrated under any Act of Parliament relating to insolvency or ™#l? ' if he shall assign his estate for the benefit of his creditors or become of ' ' unsound mind or permanently incapacitated from performing his duties. If any member of the Trust (other than the Chairman) while being a member of the council by which he was elected thereto shall also become a member of the council of any other of the municipalities or if he shall vacate his seat in the council by which he was elected and shall not be re-elected 607 A * 1 &EO. V.] Prahran and Malvern Tramways !trust. [Ko. 2204. re-elected a member of such, council at the election consequent upon or occurring fit the same time as such seat becomes vacant he shall cease to be a member of the Trust and his place shall be filled by the council by which he was elected and his successor shall hold office for the balance ot the term for which he was elected. Term of offic© of 8. The members of the Trust elected by the city of St. Kilda and members. the town of Malvern first after the appointed day shall subject to the <&A<rt813Q provisions of this Act hold office for twelve months only from such Schedule oi 7t appointed day: Save as aforesaid and subject to the terms of any consent given or agreement made under section fifteen hereof all other members shall hold office for two years and shall be eligible for re-eleotion unless disqualified under any of the provisions herein contained. Forfeiture of seats 9», If the Chairman ox any other member shall absent himself from of members through absence three consecutive meetings of the Trust without the leave of the Trust from meetings. he shall cease to be a member thereof. lb. cl. 6. Quorum. 10* At any meeting of the Trust a quorum shall consist of a majority of the members thereof for the time being, Chairman's 11. The remuneration of the Chairman shall be fixed by the Trust, remuneration. Remuneration of 18. The Trust may pay to its members other than the Chairman members. such remuneration not exceeding Seventy-five pounds per annum each lb. cl. 9. as may he fixed by a resolution passed by each of the councils of the municipalities but until suoh resolution is so passed such members shall not be entitled to any remuneration.
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