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 con­struct 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 trans­ferred 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 repre­sentation 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> *

Title of Act.

Repeal of Acts. First Schedule.

Interpretation clause.

Trust incorporated.

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:—

1. This Act may be cited as the Prahran and Malvern Tramways Trust Act 1910.

2. The Acts mentioned in the First Schedule to this Act are hereby repealed : Provided that unless a contrary intention appears herein such repeal shall not affect property vested acts and things authorized or powers acquired and all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.

3 . For the purposes of this Act the following terms when not incon­sistent 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 con­structed 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.

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 |£^^tfT O n t l i^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 o f ^ ^ ^ o n g " 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 T r u - 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-the municipalities and who shall not be a member of any of such councils. ^£ 2

21^d

S5h#du le

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 appoint­ment 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.

Term of offic© of members.

<&A<rt813Q Schedule oi 7t

Forfeiture of seats of members through absence from meetings.

lb. cl. 6. Quorum.

Chairman's remuneration.

Remuneration of members.

lb. cl. 9.

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.

8. The members of the Trust elected by the city of St. Kilda and the town of Malvern first after the appointed day shall subject to the provisions of this Act hold office for twelve months only from such 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.

9», If the Chairman ox any other member shall absent himself from three consecutive meetings of the Trust without the leave of the Trust he shall cease to be a member thereof.

10* At any meeting of the Trust a quorum shall consist of a majority of the members thereof for the time being,

1 1 . The remuneration of the Chairman shall be fixed by the Trust,

18 . The Trust may pay to its members other than the Chairman such remuneration not exceeding Seventy-five pounds per annum each 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. The acceptance by any member of suoh remuneration shall not vacate the seat of suoh member in the council by which he was elected nor subject him to any penalties under the Local Government Acta

Trust to hav* rights, &c., of municipal council under Tramtcays Act 1890.

Trust an,d municipality may enter into agreement as to tramways.

18 . The Trust shall have and may exercise the rights powers and privileges of a municipal council under the Tramways Aet 1890 provided however that the council or councils in respect of whose municipal district or districts the Trust shall make any application for an Order in Council under such Act shall consent to such application,

14 . In the event of any municipality being authorized under the provisions of the Tramways Aet 1890 or any other statutory authority to construct any tramway or tramways the Trust and such municipality shall be at liberty and they are hereby authorised to enter into an agree­ment for the transfer to the Trust of the whole or any part of the powers and authorities conferred on suoh municipality in respect of any such tramway or tramways either absolutely or for a limited period or for the operation and management of the same and on such terms and conditions as may be mutuaUy agreed.

1 6 . Every

**-*. 608

1 GEO. V.] Prahran and Malvern Tramways Trust. [No. 2294. 5

1 5 . Every consent given or agreement entered into "by a muni- Provision for cipality under either of the last two preceding sections may amongst ^SmmSmeiabm other things contain provision whereby such municipality shall have of Trust, power to appoint a member to represent such municipality on the Trust and upon the election of such representative the number of members of the Trust shall be increased accordingly.

1 6 . The Trust shall continue to combine and exercise all the powers Trust to e»rcls« and authorities conferred by any Orders in Council or any amendment or erain Councii. thereof heretofore vested in it and shall combine and exercise all the cf Act 2 i3 0 B©c.

Sowers and authorities conferred upon the council of the town of 5 and Schedule [alvern by the Order in Council set forth in the Second Schedule g0^1*' Schedulo

hereto to the extent therein mentioned and such last-mentioned powers and authorities without further authority than this Act shall as from the da,te hereof be transferred to and vested in the Trust.

The joint Order in CounciJ to be made under the provisions of the Tramways Act 1890 authorizing the councils of the municipalities of the city of Prahran the city of St. Kilda the town of Malvern and the town of Caulfield jointly to construct a tramway along Dandenong-road from G-lenferrie-road to Chapel-street and all the powers authori­ties and privileges which may be conferred on such councils and municipalities in respect of the operating managing and working of such tramway shall immediately upon publication of such Order in Council in the Government, Gazette and without further authority than this Act he transferred to and vested in the Trust.

The Trust subject to the provisions of this Act shall havo full power Trust to control and authority to control manage and operate all tramways for the time *^"™**y* being vested in it and to do all acts matters and things incidental or conducive thereto or for carrying out the powers and authorities conferred by this Act.

1 7 . The Trust shall have all the powers of a promoter under the Trust may make provisions of the Tramways Act 1890'to make by-laws. by-laws.

1 8 . The Trust shall maintain and keep in good condition and repair Trust to ke©P part with such materials and in such manner as the local authorities shall J j ^ ^ ™ direct and to their satisfaction so much of the road whereon any tramway trlm^aysXd. belonging to it is laid as lies between the outermost rails of the tramway ib. cis. 19,20. and also as much of the road as extends eighteen inches beyond such outermost rails: Provided that in the case of a double track in which the distance between the centre of each track exceeds twelve feet the foregoing obligation shall not extend beyond the road between the rails of each track and a distance of eighteen inches outside such rails.

The materials of any road opened or broken up by the Trust in the construction or maintenance of the tramways may be used by it in reconstructing the road so far as the same shall be applicable to that purpose and all material not so used shall belong to the municipality from whose municipal district it shall have been obtained.

1 9 . The 609

6 1 GEO. V.] Prahrcm and Malvern Tramways Trust. [No. 2294.

Trust m»y lodge loan moneys on deposit.

Cf. Act 2130 sec. 5 and Scheduled. 15.

Additional powers of Trust.

lb. cl. 16.

1 9 . The Trust may lodge at interest on fixed deposit or otherwise as may be deemed most advantageous by it in any one or more of the banks carrying on business in the city of Melbourne the whole or any portion of the moneys to be borrowed by it or which may from time to time be received by it.

20 . The Trust without affecting the generality of the powers hereinbefore contained shall have power to lend moneys on mortgage and to enter into contracts with any person or corporation and to expend moneys for the purpose of promoting the earnings of the undertaking and to subscribe to the funds of any hospital or charitable institution and to establish a fund to provide for any of its employes incapacitated by sickness or accident and to pay gratuities or retiring allowances to any of its employes.

2 1 . The Trust without further authority than this Act shall have power to generate use and supply electric energy for the purpose of any of the tramways for the time being vested in it or any extension operated or managed by it under the provisions of this Act : Provided however that the Trust shall comply with all the regulations made under the Electric Light and Power Act 1896 in the same way and to the same extent as if it was an undertaker within the meaning of that Act.

Trust m»y lease 2 2 . The Trust may with the consent of the municipalities lease the wrwmt f *11 s a ^ undertaking for such period and upon such terms as the Trust shall municipalities and determine and shall if and when so required by the municipalities lease ^vomor °L *ke s a ^ undertaking to such person or corporation and for such period Council. and on such terms as the municipalities shall direct or approve. No such

lb. sec. 13 and lease shall have any force or effect until the Governor in Council shall approve thereof.

Trust to hare power to use and supply electric energy.

Act 2130 sec. 8,

Schedule cL 32.

Distribution of rent. / 6. Schedule cL 33.

Power to alter gas and water mains.

lb. cl 31.

2 3 . In the event of the undertaking being leased by the Trust the rent to be received therefrom after payment of interest and sinking fund in respect of any moneys borrowed by the Trust and the contribution to the renewal reserve fund and the expenses of the Trust shall be distributed between the municipalities in the same manner as is provided in section thirty-three hereof for the distribution of the balance of revenue.

24 . For the purpose of making forming laying down maintaining repairing or renewing the tramways vested in it the Trust shall have power from time to time to alter the position of any sewer or drain or any mains or pipes for the supply of gas or water subject to the same restric­tions as are imposed upon the company by section eighteen of the Mel-bourne Tramway and Omnibus Company's Act 1883 except that the engineer t<5 be appointed in case of any disagreement under sub-section two of that section shall be an engineer appointed by the Minister for the time being.

36< Wkenerer 610

1 G-EO. V.] Prahran and Malvern Tramways Trust. [No . 2294. 7

2 5 . Whenever any Order in Council made under the Tramways Act p°w a r *° c<?nv£t

1890 which may be or become vested in the Trust shall authorize the double, construction of a single line of track along any route specified in such — •< Order the Trust without further authority than this Act shall be at liberty at any time to convert the same into a double line of track along such route and all the powers and authorities conferred by such Order in Council shall thereupon apply to such double-line to the same extent as if it had been originally authorized by such Order.

2 6 . The Trust shall repay to the town of Malvern all expenditure Trust to rep*y incurred by such town up to the first day of June One thousand nine town of M*ivern hundred and ten but exclusive of any interest thereon to that date in extension!" respect of the construction of the permanent way and overhead equipment of the tramway in Wattle Tree-road extending from the intersection of Tooronga-road to Burke-road and shall keep such town indemnified against any liability incurred by it in respect thereof from such date.

27. The Trust shall be empowered to pay all costs and e x p e n s e s Trust may ps>y incurred b y i t or b y any of t h e municipal i t ies in re la t ion t o ob ta in ing «xp«uw of o*d«w

*m 111 C/OUIlCll S>UQ

any Order in Council in respect of any tramways which may be or become Act. vested in it or in connexion with the obtaining of this Act or in any way cf. Act 2130 arising thereout and such moneys shall be deemed to be capital expendi- bcnaaiae cl- kU

ture on account of the tramways in respect of which such payments shall be made.

2 8 . The Trust may from time to time borrow any sum or sums not Trust m*y borrow exceeding Five thousand pounds in the whole by way of overdraft from on °™rdr*ft-any bank or banks and for the purpose of repaying the same may borrow Act 2130 -#c' 7r

moneys as p rov ided in sect ion twen ty -n ine hereof.

2 9 . Subject to the provisions of this Act and for the purpose of Trust m»y borrow doing any of the acts matters or things which the Trust is by this or any on dobonfcuroB« other Ac t or b y any Order in Council au thor ized or requi red t o do or which 7 ^f°^^lee^wcl may be incidental thereto the Trust may from time to time and to such 2. extent as to it may seem fit borrow moneys upon the security of the undertaking and upon the credit of the municipalities but so that the moneys so borrowed shall not at any one time exceed Three hundred thousand pounds. For the purpose of securing the repayment of any moneys so borrowed and the interest thereon the Trust may issue debentures in the form or to the effect in the Third Schedule hereto. Third Schedule. Such borrowing shall not be deemed an exercise of the borrowing powers conferred upon the municipalities or any of them by the Local Government Act 1903*

80, If ~ 111

** -

8 1 GEO. V.] Praftran and Malvern Tramways Trust. [No. 2294.

Bemedy for debenture-balden.

Act 2166 sec 4.

30. If default be made in payment of the principal money or interest due in respect of any debenture issued in pursuance of this Act the Supreme Court upon the petition of the holder or holders of any debenture so issued may appoint some person or persons not exceeding three to be a receiver or receivers of the general rates of the municipalities named in such debenture and such receiver or receivers shall thereupon have the same rights and powers and shall perform the same duties (including a duty to apply any moneys or proceeds) according to the same respective priorities as between all debenture-holders as if the said debentures issued in pursuance of this section had been to the full amount thereof debentures issued by each of such municipalities and in pursuance of the ordinary borrowing powers upon them respectively conferred by sub­division two of division one of Part XIV. of the Local Government Act 1903 and so as to take priority over any moneys borrowed by any of such municipalities respectively at any dates subsequent to the borrowing by the Trust in respect of which such debentures shall be issued and as if the said receiver or receivers had been appointed under section three hundred and eighty-five of the said Act but nothing herein contained shall be construed as rendering applicable to any purpose other than the repayment of the said debentures issued in pursuance of this section any part of any sinking fund constituted by the Trust or any part of any other moneys or property of the Trust. Nothing herein contained shall be taken as lessening or prejudicing any other right or remedy of any holder of any debenture issued in pursuance of this section.

Power for 3 1 . Any debenture issued by the Trust shall be deemed to be a Trmm^B Trust debenture issued by a city or town within the meaning and for the wxdtn»tee*ft purposes of section twenty-two of the Trusts Act 1896 and to be a SXbentlSe^V0, debenture issued by a municipality within the meaning of section two

Act 2106 see. 5. of the Melbourne Tramways Trust Act 1903 and to be included amongst the debentures in which under section two of the Melbourne Tramways Trust Amendment Act 1904 the Melbourne Tramways Trust may lawfully invest and re-invest any of the moneys forming part of its sinking fund in such section referred to.

copies to municipalities.

Act 2130 Schedule cl. 28.

Truat *f f f *"* ®^* ^ e ^ruffk skall a s s o o n ** conveniently may be after the thirtieth J S s and*oSr*rd day °f September in each year make up a balance-sheet showing its assets

and liabilities and as on such date together with its revenue and expendi­ture for the year or period ending thereon and shall also for the like period prepare a statement showing the car mileage run in each muni­cipality and the amount of the maintenance and renewal reserve funds and the manner in which such funds are invested or secured and what (if any) moneys have been paid or are payable during such period to the Trust by the municipalities in pursuance of any of the provisions of thi^ Act and shall immediately thereafter forward a copy of such balance-^ sheet And statement to each of the municipalities.

3 3 . Subject 612

1 GEO. V.] Prahran and Malvern Tramways Trust. [No. 2294. 9

S3 . Subject to any agreement which, may hereafter be made between the Trust and any municipality pursuant to any of the provisions of this Act the Trust shall apply the revenue to be derived from the undertaking other than income arising from the investment of its renewal reserve fund—

(a) in paying or providing for the interest and sinking fund in respect of any moneys borrowed by i t ;

(b) in paying the expenses of controlling managing operating and maintaining the undertaking and the other outgoings by this Act authorized including such contribution to a main­tenance reserve fund as to the Trust shall seem expedient;

(c) in establishing a renewal reserve fund for the purpose of pro­viding for the renewal of any part of the undertaking but not exceeding in any year two and a half per cent, of the

1 estimated cost of such renewal as to the Trust shall seem proper.

The balance of such revenue (if any) shall be divided between the municipalities in proportion to the car mileage run on the said tramways vested in the Trust in their respective municipal districts during the year ending on the thirtieth day of September in which such revenue shall have been earned.

For the purpose of this and the lastprecedingsectionthecarmileage run on any tramway or part of a tramway constructed along a street or road forming the common boundary between any two or more municipalities shall be deemed to be run in the respective districts of such municipalities in the proportion which the frontage of each of such municipalities to such tramway bears to the total of such frontages.

3 4 . In the event of such revenue being insufficient to pay or provide Deficiency of for the moneys referred t o in paragraphs (a) or (6) of t h e last preceding m»deUgood by section any deficiency therein shall be made good t o the Trus t b y the municipalities, municipahties represented thereon in proport ion to t he car mileage r u n *&< cl- 22« upon the said t ramways in their respective municipal districts dur ing t h e year ending on the th i r t i e th day of September in which such moneys shall be payable.

3 5 . In the event of the said revenue from the said tramways in any I£j"J,r*1 Tmorr* year being insufficient to provide a renewal reserve fund of an amount R ' which the Trust shall within the limits prescribed by paragraph (c) of section thirty-three think proper the Trust shall notwithstanding the provisions of the said paragraph (c) be entitled in any subsequent year or years and before any distribution of profits to deduct from the revenue of any such year or years such sum or sums as may be necessary to make up such deficiency together with the interest which in the opinion of the Trust would have been earned on the amount thereof nad the same been provided in each year.

< 3 6 . In 613

Application of revenue.

Act 2130 Schedule cl. 21.

0 1 GEO. V,] * Prahran and Malvern Tramways Trust [No. 2294,

Rop»ym#nt of 3 6 . In the event of any of the municipalities paying or becoming deficioncjin liable to pay any moneys to the Trust under the provisions of section

AcMU30 thirty-four such moneys shall be repaid by the Trust to such municipali-Soh©duio oL 23. ties respectively in priority to and before dividing the balance of revenue

as provided in section thirty-three.

Proportionate 3 7 - In the event of any of the municipalities paying or being munldpah^ called upon to pay any moneys secured by any debenture issued by

the Trust such municipality shall be entitled to contribution from the others of the municipalities in proportion to their respective capital interests as defined by this Act.

Division of surplus 3 8 * In the event of the dissolution of the Trust any surplus assets if Trust assets shall be divided amongst the municipalities in proportion to

their respective capital interests in the undertaking of the Trust.

indemnity to Tn»t. 3 9 . Each of the municipalities shall be liable to indemnify the ib. ci. 2«. Trust against any capital loss in the proportion which its capital interest

(as defined in the next succeeding section) bears to the total capital cost of the undertaking of the Trust.

0»pit»i interest of 4 0 . Whenever it shall become necessary for any purpose to determine miuurfpjitiw the capital interest which any of the municipalities have in the undertaking

Of.** oi 27. °^ *ke Trust the following provisions shall apply :— (a) As to ."my tramway or part of a tramway constructed wholly

within its municipal boundary each municipality shall be rl emed to have a capital interest to the extent of the cost oi the permanent way and overhead equipment thereof 'ncluding the cost of any alterations to sewers and water or gas mains or pipes electric light or telephone wires cables or apparatus incidental to such construction.

(6)As to any tramway or part of a tramway constructed along any street or road forming the common boundary of two or more of the municipalities each of them shall have a capital interest in the cost of the permanent way and overhead equipment thereof in the proportion which the frontage of each of such municipalities to such tramway bears to the total of such frontages.

(c) As to the " High-street Tramway " which expression means all the tramways heretofore constructed by the Trust the city of Prahran shall be deemed to have a further capital interest to the extent of Five thousand seven hundred pounds and the town of Malvern to have a like interest to the extent of Two thousand three hundred pounds in respect of the cost of regrading the railway between Toorak Kailway Station and Wattle Tree*road.

id) Each •14

GEO. V.] Prahran and Malvern Tramways Trust. [No. 2294. } • ! • i MI •Him r- • i i i i -M-I n - » ! - • • • • • - • r~wrm~r • i-•• • • • • 11 r » i n n m — 1 — • —i— •• y m T g i • - • — m r r r n r • i • r • -

(d) Each municipality shall have a capital interest in the land buildings machinery feeders rolling-stock plant and furniture and the maintenance and renewal funds in the proportion which the total car mileage credited to it by the Trust bears to the total car mileage run since the first day of June One thousand nine hundred and ten on the tramways for the time being vested in the Trust.

(e) To the capital interest of each municipality as above defined there shall be added such sum if any as shall be allocated to it by the Trust in respect of outgoings during the period of construction of any tramway in such municipality and not included herein,

4 1 . If any of the municipalities shall in its municipal district Trust m*y operate construct any extension of the tramways vested in the Trust which in S S ^ J °f

the opinion of the Trust can be conveniently operated in conjunction Act 2130 with the undertaking it shall be obligatory on the Trust when so required Schedule ci. 33. by the municipality constructing such extension to operate manage and maintain such extension as if it formed part of the undertaking.

4 2 . The Trust shall keep a separate account of the revenue received Trust to keep from each of such extensions in respect of passengers' fares. The cost "^T^U™^** of operating managing and maintaining such extension together with a of extensions. ' sum for maintenance and renewal reserves proportionate to the amount cf. %b. ci. 35. provided and set apart therefor by the Trust in respect of the undertaking shall be debited to each of such extensions in the proportion which the car miles run over each of such extensions bears to the total number of car miles run thereon and on the lines included in the undertaking when added together.

Each of such extensions shall also be debited on a similar basis with a like proportion of the interest and sinking fund payable or chargeable in respect of the capital expenditure on the land buildings machinery feeders rolling-stock plant furniture car depot approach and lay out and overhead work in connexion therewith and the maintenance reserve and renewal funds established by the Trust in respect of such capital expenditure.

4 3 . In respect of each of such extensions the Trust shall once at Trust to send least in every six months prepare and forward to the municipality owning k*tf-y**riy such extensions respectively an account setting forth the revenue received municipality from passengers' fares thereon together with a proportionate allowance owning extension, in respect of any moneys received from advertisements exhibited in the cf- ** cl* 36-cars or printed on passenger tickets and also setting forth the sums to be debited to such extensions as above-mentioned together with such interest on any moneys paid by the Trust in respect of the operation management and maintenance of such extensions over and above the revenue received therefrom at a rate not exceeding the rate for the time being payable on an overdrawn banking account, and shall pay the surplus to the munici­pality owning such extension. If there shall be a deficiency the amount th«r»of •hall forthwith be paid to the Trust by such municipality.

fchi

12 1 GEO, V.] Prahran and Mdfoem Tramways Trust. [No. 2294.

The provisions of this and the two preceding sections may from time to time be varied by an agreement between the Trust and the munici-palities.

Running rights over 4 4 . Notwithstanding anything in this Act or any agreement con-Evorn™Ut0 m tained or any transfer to the Trust of any rights or powers granted by any

ct Act 2130 soc. 12 Order in Council the town of Malvern shall have the right to grant running and Schedule ci. 37. powers to any corporation or person over that part of the said tramways

in Glenferrie-road between High-street and Wattle Tree-road Malvern upon such terms as shall be arranged between such town the Trust and the grantee of such running powers or in the event of disagreement upon such terms as shall be fixed by arbitration under the provision for arbitration herein contained.

Provision for settling disputes between municipalities and Trust.

lb. cl. 37.

HOOTS of work and rates of pay.

lb. sec. 9.

Wages and hours of skilled workmen.

lb. HO. 10.

4 5 . In the event of any difference arising under the last preceding section or between any of the municipalities and the Trust as to any matter whether arising out of the construction of this Act or not or relating to the carrying out of the provisions of the same or touching and relating to the fulfilment and exercise of the obligations duties powers privileges or authorities of the Trust or the municipalities or any of them such difference shall be referred to the Minister who shall be authorized and empowered to entertain inquire into and decide upon the same and for that purpose to exercise all the powers privileges and authorities which are conferred upon him by section seven hundred and twenty-three of the Local Government Act 1903 in the case of a difference between two or more municipalities and the decision of such Minister with regard to such difference shall be final and may be made a rule of the Supreme Court,

4 6 . The hours to be worked by any person employed by the Trust on the tramway shall not exceed ninety-six hours in any fortnight and the rate of wages to be paid by the Trust to such persons shall not be less than the following :—

For motormen at the rate of forty-eight shillings per week of forty-eight hours;

For conductors at the rate of forty-five shillings per week of forty-eight hours;

For all unskilled adult labour not less than seven shillings per day of eight hours.

Any such porson may work for the Trust overtime for special payment which shall not be less than time and a quarter for any hour so worked.

4 7 . The rate of wages to be paid to and the hours to be worked by all skilled workmen employed by the Trust (other than those specified in the last preceding section) shall be the recognised standard rate for the recognised hours.

4 8 . In tit

1 GEO. V.] Prahran and Malvern Tramways Trust. [No. 2294. 13

48. In any contract entered into by the Trust with any person for Conditioui in

the execution of any work or for furnishing materials for the Trust every JjJJjJ^ of thd

such contract shall contain a condition that— Act 2130 sec. 14. (a) the recognised standard rate of wages for the work performed

for a maximum number of heur^ shall be paid by the contractor to his employes engaged in the carrying out of such contract; and

(6) shall specify that in obtaining goods machinery or material for the service of the Trust substantial and effective preference shall be given by the Trust and the contractor to such goods machinery or material manufactured or produced in the Commonwealth.

4 9 . I t shall be lawful for the Board of Land and Works if they Board of Land *nd think fit on behalf of the Government of Victoria to purchase at any time ^ J ^ * y

upon giving twelve months' notice in writing of the intention so to do undertaking. the undertaking of the Trust and all lands buildings works rolling-stock R-ieo- u-and plant of and belonging to the Trust upon such terms as shall or may be mutually agreed upon between the Trust and the said Board: And if any difference or dispute shall arise between the Trust and the said Board as to any terms or conditions or as to the amount of purchase money to be paid to the said Trust such difference or dispute shall be settled by arbitration in the manner provided by the Lands Compensation Act 1890 with respect to the settlement of disputes by arbitration.

If by any future Act of Parliament a body is constituted or authorized to have general powers of management and control of tram­ways situate within the city of Melbourne and suburbs thereof (which body is hereinafter referred to as the " General Tramway Authority ") it shall be lawful for the General Tramway Authority subject to the provisions of such Act upon giving the like notice and upon the like terms or conditions and upon payment of the like purchase money to be determined as aforesaid to purchase on behalf of the General Tram­way Authority the said tramways lands buildings works rolling-stock and plant.

Provided that the amount of purchase money to be paid under this section by the Board or the General Tramway Authority (as the case maybe) in respect of any new tramways constructed after the commencement of this Act shall not exceed such sum as represents the value (from a construction point of view) to the Board or the General Tramway Authority (as the case may be) of the said new tramways and any lands buildings works rolling-stock and plant acquired after the commencement of this Act as the same exist at the date of the purchase, and in arriving at such amount there shall be taken into consideration all then existing contracts of the Trust with respect to the said tramways lands buildings works rolling-stock and plant.

SCHEDULES* - 617

14 1 GEO. V.] Prahran and Malvern Tramways Trust, [No. 2294.

Section 2.

SCHEDULES.

THE FIRST SCHEDULE HEREINBEFORE REFERRED TO.

D*U of Act.

23rd December, 1907

2nd March, 1909

Titteof Act.

The Prahran and Malvern Tramways Trust Act 1907

The Prahran and Malvern Tramways Trust Act 1909

Extent of B*pul.

The whole

The whole

Sections 5, 16. THE SECOND SCHEDULE HEREINBEFORE REFERRED TO.

The Orders in Council dated the sixth day of July One thousand nine hundred and eight under the Tramways Act 1890 granted to the council of the town of Malvern so far as it relates to—(a) the tramway commencing at the intersection of Wattle Tree-road and Tooronga-road thence easterly along Wattle Tree-road to Burke-road ; and (6) the tramway commencing at the intersection of Glenferrie-road and Wattle Tree-road and extending southerly along Glenferrie-road to Dandenong-road.

Section 29. THE THIRD SCHEDULE HEREINBEFORE REFERRED TO.

THE PBAHRAN AND MALVERN TBAMWAYS TRUST.

Transferable by Delivery. Under the authority of the Prahran and Malvern Tramways Trust Act 1910.

T iis Debenture entitles the bearer to the sum of pounds on the day of with interest thereon in the meantime at the rate of per centum per annum payable half-yearly on the day of and the day of in every year as per coupons annexed and secured upon the undertaking of the Trust ^nd also upon the respective revenues of the mayor councillors and citizens of the city of Prahran the mayor councillors and citizens of the city of St. Kilda the mayor councillors and bur­gesses of the town of Malvern the mayor councillors and burgesses of the town of Caulfield—[add the mayor councillors and burgesses of any other municipality for the time being having representation on the Trust]—and such principal and interest are payable at the bankers for the time being of the Trust in the city of Melbourne.

Given under the Common Seal of the Trust at the city of Melbourne in the State of Victoria this day of One thousand nine hundred and

MELBOURNE: By Authority: J. KEMP, Government Printer.

618