Church of England Belfast Lands Act 1855 (Vic)

Version No. 001

Church of England Belfast Lands Act 1855

Act No. 18/1855

Version as at 26 February 2003

TABLE OF PROVISIONS

Section  Page

1.Power to trustees to sell portion of Church of England lands
and to apply proceeds of such sale in erecting a church and school house

2.Receipts of trustees to be sufficient discharge to purchaser

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SCHEDULE

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ENDNOTES

1.  General Information

2.  Table of Amendments

3.  Explanatory Details

Version No. 001

Church of England Belfast Lands Act 1855

Act No. 18/1855

Version as at 26 February 2003

An Act to enable the Trustees for the time being of certain portions of the Belfast Church of England Lands in the colony of Victoria to sell certain portions of the said lands[1].

Preamble

WHEREAS by an indenture bearing date the first day of August in the year of our Lord One thousand eight hundred and fifty made between James Atkinson therein described of the first part George Kenyon Holden therein also described of the second part and William Rutledge Andrew Wilson Hume Robert Henry Woodward and Charles Mills therein also described trustees of an intended church and minister's dwelling-house at Belfast aforesaid appointed under and by virtue of an Act of the Governor and Legislative Council of New South Wales passed in the eighth year of the reign of His late Majesty King William the Fourth intituled "An Act to regulate the temporal affairs of Churches and Chapels in the United Church of England and Ireland in New South Wales" of the third part all that piece or parcel of land in the said indenture and in the schedule hereunto particularly mentioned and described with the appurtenances thereunto belonging were (inter alia) released or otherwise assured unto and to the use of the said William Rutledge Andrew Wilson Hume Robert Henry Woodward and Charles Mills their heirs and assigns for ever, upon trust for the erection thereon of a church or chapel for the performance of divine worship according to the rites of the United Church of England and Ireland as by law established, and upon trust for all and every or any other of the purposes provided for in and by the said Act, and under and subject to the enactments clauses and provisions thereof:

AND WHEREAS the said William Rutledge and Andrew Wilson Hume having ceased to be trustees under the said indenture the said Robert Henry Woodward and Charles Mills are now the sole trustees for the purposes aforesaid:

AND WHEREAS the said trustees have incurred a debt amounting to the sum of Three hundred and three pounds two shillings and seven pence in erecting the present church and school-house upon the said land:

AND WHEREAS the situation of the said land is found ineligible as a site for a church, and it is considered expedient to sell the same, and to apply the proceeds arising from the sale thereof in building a church and school and school-house on other land in the said township conveyed by the said James Atkinson to the said Robert Henry Woodward Charles Mills and Richard Colles John Bland and Horace Flower and for such other purposes in connexion therewith as the said trustees may deem expedient:

BE IT THEREFORE ENACTED by His Excellency the Lieutenant-Governor in Victoria by and with the advice and consent of the Legislative Council thereof as follows:

1.Power to trustees to sell portion of Church of England lands and to apply proceeds of such sale in erecting a church and school house[2]

That from and after the passing of this Act it shall and may be lawful for the said Robert Henry Woodward and Charles Mills, being the trustees for the time being of the land comprised in the schedule hereunder written, to sell the same and the inheritance thereof in fee simple in possession in such parts shares and proportions and subject to such conditions and reservations as the said trustees may deem advisable, and either by public auction or private contract or partly by public auction and partly by private contract, and to convey the same to the purchaser or purchasers thereof, and to make or reserve streets or lanes through the same, and to apply the money arising from the sale thereof in payment of the said debt and in erecting a church and school and school-house, and for such other purposes in connexion therewith as the said trustees may deem expedient, on other land in the said township conveyed to the said Robert Henry Woodward Charles Mills Richard Colles John Bland and Horace Flower by the said James Atkinson as aforesaid.

2.Receipts of trustees to be sufficient discharge to purchaser

And be it enacted that the receipts of the said trustees for the time being shall be good and sufficient discharges to the purchaser or purchasers of the land which they are hereby empowered to sell or any part thereof for the moneys or money therein expressed to be received. And that such purchasers or purchaser shall not be bound nor required to see to nor be affected by the misapplication or non-application thereof. Provided always and be it enacted that nothing herein contained shall be construed or taken to affect or abridge any right title privilege immunity or interest of Her Majesty Her heirs and successors or of any body or bodies politic or corporate or of any other person or persons which she he or they may now have or be entitled unto in or out of the said lands and hereditaments which the said trustees are hereby empowered to sell.

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SCHEDULE

ABOVE REFERRED TO

All that piece or parcel of land containing one acre and a half English Statute measure being allotments numbers 16 and 17 and the eastern moieties or halves of allotments numbers 14 and 15 of block No. 5 in the town of Belfast of Port Fairy in the colony aforesaid bounded as follows:

Commencing at a point being the south-west corner of said allotment number 17; thence on the west by Sackville-street bearing north two chains; thence on the north by the western half of allotment number 15 aforesaid being a line bearing east two chains and a half; thence by a line bearing north two chains; thence by allotment number 13 of said block being a line bearing east two chains and a half; thence by allotments numbers 5, 4, 3, and 2 of said block being a line bearing south four chains; thence on the south by allotments numbers 18 and 19 of said block being a line bearing west five chains to the commencing point.

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ENDNOTES

1.     General Information

The Church of England Belfast Lands Act 1855 was assented to on 26 March 1855 and came into operation on 26 March 1855.

2.     Table of Amendments

There are no amendments made to the Church of England Belfast Lands Act 1855 by Acts and subordinate instruments.

3.     Explanatory Details

[1] Long Title: See also Church of England Belfast Lands Act 1857, 21 Victoria, No. 23.

[2] The citation for this Act is "18 Victoria. An Act to enable the Trustees for the time being of certain portions of the Belfast Church of England Lands in the colony of Victoria to sell certain portions of the said lands."