Church of England Land Enabling Act 1890 (Vic)

Version No. 001

Church of England Land Enabling Act 1890

Act No. 1172/1890

Version as at 8 October 1999

TABLE OF PROVISIONS

Section  Page

1.Corporation to have power to sell or lease as it may think fit

2.Proceeds of sale or lease to be applied in erection of school-house etc.

3.Effect of receipts of corporation

4.Corporation may recover rents etc.

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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 Land Enabling Act 1890

Act No. 1172/1890

Version as at 8 October 1999

An Act to enable the Church of England Trusts Corporation for the Diocese of Melbourne, with the consent of the Bishop in Council, to lease or sell certain settled land at Kew, in the parish of Boroondara, in the colony of Victoria.

Preamble

WHEREAS by an indenture dated the twenty-ninth day of January One thousand eight hundred and sixty-one, and made between Nicholas Alexander Fenwick therein described of the one part, and Sir William Foster Stawell, John Halfey, and Charles Ferdinand Bradly therein described of the other part, the said Nicholas Alexander Fenwick purporting to be seized in fee of the land described in the Schedule to this Act granted the same unto and to the use of the said Sir William Foster Stawell, John Halfey, and Charles Ferdinand Bradly and their heirs and assigns upon trust nevertheless for the use and benefit of the United Church of England and Ireland in the diocese of Melbourne, and it was thereby declared and agreed that the said land should be used as a site for a church or place of worship dwelling-house or other buildings and erections to be built in connexion with such church as aforesaid as might from time to time be determined on by the trustee or trustees for the time being of the said indenture, and further upon trust that the said trustee or trustees for the time being should permit and suffer the buildings already erected and built upon the said land to be used as a church chapel or place of divine worship in connexion with the United Church of England and Ireland as aforesaid, with or without a dwelling-house and such other buildings to be thereon erected in connexion therewith as aforesaid, and should from time to time and at all times thereafter permit and suffer the said church or chapel to be used occupied and enjoyed as a place for the public religious worship and service of God according to the doctrines and principles of the said United Church of England and Ireland in the diocese of Melbourne:

AND WHEREAS the said original deed has been lost, but was previously registered on the nineteenth day of March One thousand eight hundred and sixty-one, number three hundred and fifty-nine, book one hundred and four, and a completed fair copy draft has been kept by the solicitors who prepared it:

AND WHEREAS the said John Halfey died on or about the fourth day of January One thousand eight hundred and eighty-nine:

AND WHEREAS the said Sir William Foster Stawell died on or about the twelfth day of March One thousand eight hundred and eighty-nine:

AND WHEREAS by an indenture dated the ninth day of May One thousand eight hundred and eighty-nine and made between the said Charles Ferdinand Bradly the sole surviving trustee of the one part and the Church of England Trusts Corporation for the diocese of Melbourne (hereinafter called the corporation) of the other part, and registered on the sixteenth day of May One thousand eight hundred and eighty-nine by memorial number four hundred and sixty-eight, book three hundred and fifty-five, for the considerations therein mentioned and in exercise of the power conferred on him under the provisions of the Act number seven hundred and ninety-seven he the said Charles Ferdinand Bradly conveyed unto the corporation inter alia the land described in the Schedule to this Act subject to the trusts contained in the said indenture of the twenty-ninth day of January One thousand eight hundred and sixty-one, and the corporation now hold the said land subject to the said trusts:

AND WHEREAS the said land was considered unsuitable to be used as a site for a church or place of worship on account of its being too small and not sufficiently central:

AND WHEREAS a larger and more suitable site was subsequently to the said indenture of twenty-ninth day of January One thousand eight hundred and sixty-one, namely on the seventh day of June One thousand eight hundred and sixty-two acquired by purchase within three hundred yards of the said land, and a church and parsonage built on such purchased land as aforesaid, to which church the congregation formerly worshipping in the building erected on the said settled land hereinbefore referred to immediately removed, and such church has ever since been and is now used as a church in connexion with the United Church of England and Ireland now called the Church of England by the residents of Kew aforesaid:

AND WHEREAS the said building erected on the said settled land thenceforth ceased to be used as a church or place of worship and has been and still is used as a school in connexion with the said church; and the remainder of the said settled land has always been and still is unoccupied:

AND WHEREAS in consequence of the erection of the church on the purchased land hereinbefore mentioned it has become unnecessary, and would not be advisable to erect a church or chapel on the said settled land:

AND WHEREAS there still remains sufficient of the said purchased land adjoining the said church to afford a suitable site for a school and a hall or other building to be used in connexion therewith:

AND WHEREAS it would be more convenient to have the church school in closer proximity to the present church:

AND WHEREAS there is no way in which the said land can be advantageously used for the purposes of the said trusts:

AND WHEREAS the corporation is unable to sell lease or otherwise dispose of the said settled land owing to the trusts contained in the said indenture of twenty-ninth day of January One thousand eight hundred and sixty-one:

AND WHEREAS it would be for the advantage of the said church and of the members of the Church of England in the parish of Holy Trinity at Kew to obtain power to sell or lease the said lands described in the said Schedule and to expend the proceeds of any such sale or a proportion of the rents and profits arising from any such lease in the erection of a school and assembly hall to be used in connexion with the said church on the said purchased land adjoining the present site of the church:

AND WHEREAS the Bishop of the Church of England in the diocese of Melbourne, with the consent of the council of the said diocese, has assented to such sale and the appropriation of the proceeds thereof in the manner hereinbefore set forth:

BE IT THEREFORE ENACTED by the Queen's Most Excellent Majesty by and with 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 (that is to say):

1.Corporation to have power to sell or lease as it may think fit

Notwithstanding the trusts upon which the Church of England Trusts Corporation for the diocese of Melbourne holds the land described in the Schedule to this Act the corporation may sell all or any part of the said land by private sale or public auction in one lot or in lots from time to time and upon such terms and conditions as to title credit for unpaid purchase-money and otherwise as it may think fit and buy in any lot or lots or rescind or vary any contract for sale without being liable for any consequent loss, or the corporation may lease all or any part of the said land for such period or periods and on such terms as it may think fit.

2.Proceeds of sale or lease to be applied in erection of school-house etc.

The Corporation shall apply the net proceeds of sales by this Act authorized or so much of the rents and profits arising from leases by this Act authorized as may not be required for the maintenance and support of the church schools and school buildings used in connexion with Holy Trinity Church, Kew, in and towards the following object:

The erection of a school-house and assembly hall or other building in connexion therewith upon any part of the unoccupied portion of the land purchased as aforesaid and upon portion of which stands the church known as the Holy Trinity Church, Kew.

3.Effect of receipts of corporation

The receipts of the corporation for any payments made in respect of any sales or leases authorized by this Act shall be effectual discharges to the purchasers lessees or other persons making the same respectively who shall be in no manner concerned to see to the application thereof.

4.Corporation may recover rents etc.

The corporation may bring any action or suit for the recovery of the rents of the said lands or any part thereof and the buildings thereon or for the preservation of such buildings and for the recovery of damages for injuries thereto, and may also repair and improve any of such buildings, and out of the said rents defray the expenses of the same, and may at any time accept the surrender of any such lease if it think fit.

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SCHEDULE

All that piece or parcel of land in the colony of Victoria, situate in the parish of Boroondara and county of Bourke, being part of portion number eighty-seven of said parish, and comprising lot number one hundred and twenty-six on the original plan of subdivision of the said portion made by the said Nicholas Alexander Fenwick, and known as the village of Kew, which piece or parcel of land commences on the east side of Walpole-street eighty-three links wide (reserved out of the said portion) at a point distant twenty chains south from another point on the northern boundary line of said portion which last-mentioned point is distant ten chains eighty-two and one-half links east from the north-west corner of said portion and is bounded on the west by Walpole-street aforesaid bearing further south one chain on the south by lot number one hundred and twenty-seven on said plan bearing east four chains seventy-seven links, on the east by Little Packington-street, now called Peel-street, forty-five and a half links wide (reserved out of the said portion) bearing north one chain, and on the north by lot number one hundred and twenty-five on said plan bearing west four chains seventy-seven links to the commencing point.

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ENDNOTES

1.     General Information

The Church of England Land Enabling Act 1890 was assented to on 15 September 1890 and came into operation on 15 September 1890.

2.     Table of Amendments

There are no amendments made to the Church of England Land Enabling Act 1890 by Acts and subordinate instruments.

3.     Explanatory Details

No entries at date of publication.