Hotham Municipal Buildings Site Act 1885 (Vic)

Version No. 001

Hotham Municipal Buildings Site Act 1885

Act No. 838/1885

Version as at 14 February 2000

TABLE OF PROVISIONS

Section  Page

1.Mayor Councillors and Burgesses of Hotham may lease lands

2.Powers of the Mayor Councillors and Burgesses as to land in Schedule

3.Mayor Councillors and Burgesses or Treasurer of Hotham may give receipts for rent

4.Application of rents

5.Lease to Her Majesty of 27th April 1882 validated and
confirmed

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SCHEDULE

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ENDNOTES

1.  General Information

2.  Table of Amendments

3.  Explanatory Details

Version No. 001

Hotham Municipal Buildings Site Act 1885

Act No. 838/1885

Version as at 14 February 2000

An Act to enable the Mayor Councillors and Burgesses of the Town of Hotham to demise for terms of years certain lands vested in them and to validate a lease to the Crown heretofore made by the said Mayor Councillors and Burgesses.

Preamble

WHEREAS by a deed-poll bearing date the third day of October One thousand eight hundred and seventy under the hand of the Right Honorable John Henry Thomas Viscount Canterbury, of the City of Canterbury in the County of Kent, and Baron Bottesford, of Bottesford in the County of Leicester, in the peerage of the United Kingdom of Great Britain and Ireland, Knight Commander of the Most Honorable Order of the Bath and Governor and Commander-in-Chief of the Colony of Victoria with the seal of the said colony affixed, Her Majesty, in order to provide a site for a town hall and borough offices and for a court house within the Borough of Hotham, did grant unto the Mayor Councillors and Burgesses of the said Borough of Hotham and their successors all that piece or parcel of land in the said deed mentioned together with all the rights members privileges and appurtenances whatsoever to the same belonging or in anywise appertaining, subject nevertheless to certain reservations and exceptions therein specified, to have and to hold the said land and premises unto the said Mayor Councillors and Burgesses of the said Borough of Hotham and their successors subject to certain conditions provisoes and declarations in the said deed mentioned, and amongst others that the said land thereby granted and the buildings for the time being thereon should be at all times thereafter maintained and used as and for a town hall borough offices and court house and offices and conveniences connected therewith respectively under and in accordance with such regulations as should from time to time be made by the said Governor or other officer for the time being administering the government of the said colony with the consent of the Executive Council thereof, and in the meantime under and in accordance with such regulations or by-laws as should from time to time be lawfully made by the Council for the time being of the said Borough of Hotham and for no other purposes whatsoever; and also that the Mayor Councillors and Burgesses of the said Borough of Hotham should keep the court house or buildings then erected or thereafter to be erected on the said land at all times available for holding courts of petty sessions and magistrates' courts; and also that if the Mayor Councillors and Burgesses of the said Borough of Hotham should be dissolved or by any means become extinct and be no longer existent, or should permit or suffer the said land and premises or any part thereof to be used for or applied to any other than the purpose aforesaid or to become out of proper order and repair, or should alienate or attempt to alienate in fee simple or for any less estate or interest the said land and premises or any part thereof save and except under and in pursuance of some law thereafter to be in force within the said colony, it should be lawful for Her Majesty her heirs and successors in manner therein mentioned to re-enter upon the said land or any part thereof and to hold possess and enjoy the same as fully and effectually to all intents and purposes as if the said grant had not been made:

AND WHEREAS there have been erected on a portion of the said land a town hall municipal chambers and other borough offices and a court house for holding courts of petty sessions and magistrates' courts:

AND WHEREAS the said Borough of Hotham has since the date of the said deed-poll been constituted a town under the provisions of the "Local Government Act 1874":

AND WHEREAS such buildings are such as to satisfy all the present and probable future requirements of the said town and the inhabitants thereof:

AND WHEREAS a part of the said land being that particularly described in the Schedule hereto is not required by the said Mayor Councillors and Burgesses for the purpose of erecting buildings thereon for any of the purposes aforesaid:

AND WHEREAS the said Mayor Councillors and Burgesses are desirous of being empowered to demise from time to time for terms not exceeding thirty years such part as aforesaid of the said land or any portion of such part:

AND WHEREAS it is expedient to empower the said Mayor Councillors and Burgesses from time to time to demise the lands described in the Schedule hereto or any portion thereof for terms not exceeding thirty years notwithstanding the conditions provisoes and declarations in the said hereinbefore recited deed-poll contained:

AND WHEREAS the said Mayor Councillors and Burgesses did by deed dated the twenty-seventh day of April One thousand eight hundred and eighty-two demise to Her Majesty the Queen for a term of nine hundred and ninety-nine years from the first day of September One thousand eight hundred and seventy-five certain rooms or offices as and for post and telegraph offices a court-house and other offices and conveniences together with the use of certain yards easements and appurtenances, such rooms or offices being a part of the said town hall buildings erected by the said Mayor Councillors and Burgesses on the land granted by the said hereinbefore recited deed-poll of the third day of October One thousand eight hundred and seventy:

AND WHEREAS it is expedient that the said deed should be confirmed and declared valid:

BE IT THEREFORE ENACTED by the Queen's Most Excellent Majesty by and with the advice and consent of the Legislative Council and by the Legislative Assembly of Victoria in this present Parliament assembled and by the authority of the same as follows (that is to say):

1.Mayor Councillors and Burgesses of Hotham may lease lands

The Mayor Councillors and Burgesses of the Town of Hotham may at any time and from time to time after the passing of this Act notwithstanding the conditions provisoes and declarations of the said recited deed-poll bearing date the third day of October One thousand eight hundred and seventy demise for any term not exceeding thirty years all or any of the lands described in the Schedule hereto and all buildings and erections which may at any time be thereon at such annual rent upon such terms and subject to such exceptions reservations covenants and conditions as to the said Mayor Councillors and Burgesses seem fit.

2.Powers of the Mayor Councillors and Burgesses as to land in Schedule

The said Mayor Councillors and Burgesses may bring any action or suit for the recovery of the rents of any of the said lands and the buildings thereon or for the preservation of the same and for the recovery of damages for injuries thereto and may also repair and improve any of such buildings and out of their municipal fund defray the expenses of the same and may at any time accept the surrender of any such lease if they think fit.

3.Mayor Councillors and Burgesses or Treasurer of Hotham may give receipts for rent

The receipts of the said Mayor Councillors and Burgesses of the Treasurer of the said Town of Hotham for the time being for the rent of any of the said lands so demised shall be effectual discharges to the lessees thereof their executors administrators and assigns, who shall be in no manner concerned to see to the application of such rent or any part thereof.

4.Application of rents

All moneys received by the said Mayor Councillors and Burgesses as rent for any of the said lands so demised shall go to and form part of the municipal fund of the said Town of Hotham.

5.Lease to Her Majesty of 27th April 1882 validated and confirmed

The deed dated the twenty-seventh day of April One thousand eight hundred and eighty-two, whereby certain rooms or offices forming part of the town hall buildings erected by the said Mayor Councillors and Burgesses on the land granted by the said recited deed-poll of the third day of October One thousand eight hundred and seventy were by the said Mayor Councillors and Burgesses demised to Her Majesty the Queen together with the use of certain yards easements and appurtenances for a term of nine hundred and ninety-nine years from the first day of September One thousand eight hundred and seventy-five, is hereby validated and confirmed, and declared to have been lawfully given accepted made and executed.

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SCHEDULE

Part of Crown allotments 12 and 13, section 2:

Commencing at a point the south-west angle of allotment 13; thence east by the said south boundary of said allotment 13 152 feet; thence north 40 feet 10 inches; thence north-west 9 feet; thence west 61 feet 8 inches; thence north 57 feet 4 inches; thence west 84 feet to Errol street; thence south by Errol street to starting point 104 feet 6 inches.

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ENDNOTES

1.     General Information

The Hotham Municipal Buildings Site Act 1885 was assented to on 8 December 1885 and came into operation on 8 December 1885.

2.     Table of Amendments

There are no amendments made to the Hotham Municipal Buildings Site Act 1885 by Acts and subordinate instruments.

3.     Explanatory Details

No entries at date of publication.