St. James' Church Land Act 1906 (Vic)

Version No. 001

St. James' Church Land Act 1906

Act No. 2064/1906

Version as at 3 March 2003

TABLE OF PROVISIONS

Section  Page

1.Short title

2.Application of Acts and Orders

3.Powers of disposition

4.Vesting of certain lands in Trust corporation of local diocese

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SCHEDULE

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ENDNOTES

1.  General Information

2.  Table of Amendments

3.  Explanatory Details

Version No. 001

St. James' Church Land Act 1906

Act No. 2064/1906

Version as at 3 March 2003

An Act to further alter the Trusts and Limitations in respect of portion of the Lands in the City of Melbourne generally known as St. James' Church Lands and for other purposes.

Preamble

WHEREAS certain lands situate in the City of Melbourne are vested in the Church of England Trusts Corporation for the Diocese of Melbourne and such lands are comprised in the Certificates of Title entered in the Register-book volume 1330 folio 265877 and volume 1962 folio 392256 and volume 2710 folio 541843:

AND WHEREAS the purposes to which the proceeds of disposition of such lands are to be applied are set out and declared in Orders in Council of the fourth day of January One thousand eight hundred and seventy-two and the twenty-third day of March One thousand eight hundred and seventy-four and published in the Government Gazette of the ninth day of February One thousand eight hundred and seventy-two and twenty-seventh day of March One thousand eight hundred and seventy-four and also in the St. James' Church Lands Act 1891 No. 1209 respectively:

AND WHEREAS since the passing of the said Act the Diocese of Melbourne has been subdivided and three new Dioceses have been formed viz.:—the Diocese of Bendigo the Diocese of Wangaratta and the Diocese of Gippsland:

AND WHEREAS it is expedient that in regard to the portion of such lands specified in the Schedule hereto the powers of disposition and the purposes to which the proceeds of disposition thereof should be applied should be altered as hereinafter provided:

BE IT THEREFORE ENACTED by the King'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.Short title

This Act may be cited as the St. James' Church Land Act 1906.

2.Application of Acts and Orders

The Act of the Parliament of Victoria No. 1209 and the Orders in Council of the fourth day of January One thousand eight hundred and seventy-two and twenty-third day of March One thousand eight hundred and seventy-four shall from the date of the passing of this Act not apply to the lands specified in the Schedule to this Act.

3.Powers of disposition

The powers of disposition of the said specified lands by the Church of England Trusts Corporation for the Diocese of Melbourne and the purposes for which the proceeds of disposition thereof are to be applied shall be set out in the Schedule hereto.

4.Vesting of certain lands in Trust corporation of local diocese

Any land now situated in any of the Dioceses of Bendigo Wangaratta or Gippsland but formerly situated in the Diocese of Melbourne and now held by the Church of England Trusts Corporation for the Diocese of Melbourne for the benefit of such last-mentioned Diocese is hereby vested in the Trusts Corporation of the Diocese in which such land is situated for the benefit of such Diocese and wherever in any powers of disposition or of application of the proceeds thereof in any Order in Council dealing with any such land the word Melbourne occurs there shall be substituted for it the name of the Diocese in which such land is situated.

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SCHEDULE

1.All that piece or parcel of land being part of section fifteen city of Melbourne parish of North Melbourne county of Bourke commencing on the north side of Collins-street at its intersection with the west side of William-street and bounded on the south by Collins-street three hundred and thirty feet on the west by allotment 4 of said section one hundred and thirty-two feet on the north by a private lane of twenty feet wide three hundred and thirty feet on the east by William-street one hundred and thirty-two feet to the commencing point.

2.All that piece or parcel of land being other part of said section fifteen city of Melbourne commencing at a point on the west side of William-street one hundred and fifty-two feet north of Collins-street and bounded on the south by a private lane of twenty feet wide ninety feet on the west by other part of the said section thirty-two feet three inches on the north by private lane from Little Collins-street seventeen feet thence on the east by other part of the said section bearing south nine inches thence on the north by other part of said section seventy-three feet and on the east by William-street thirty-one feet six inches to the commencing point.

3.All that piece or parcel of land being other part of said section fifteen city of Melbourne commencing at a point on the west side of William-street at its intersection with the south side of Little Collins-street bounded on the east by William-street eighty-seven feet on the south by other part of said section seventy-three feet on the west by a private lane seventeen feet wide eighty-seven feet and on the north by Little Collins-street seventy-three feet to the commencing point.

4.All that piece or parcel of land being other part of said section fifteen city of Melbourne commencing at the north-east corner of said section and bounded on the east by William-street three hundred and thirteen feet six inches on the south by Little Collin-street two hundred and eighty-three feet nine and a half inches on the west by Church-street one hundred and fifty-six feet nine inches on the north by other part of the said section one hundred and sixteen feet nine inches again on the west by other part of the said section one hundred and fifty-six feet nine inches and again on the north by Bourke-street one hundred and sixty-seven feet and half-an-inch to the commencing point.

Powers of Disposition

Power to lease (whether on building lease or otherwise) sell create easements reserve or close roads mortgage or exchange all or any parts of the above-described lands and to erect buildings on any part thereof such powers to be exercised with the consent of the Bishop or Administrator of the Diocese of Melbourne for the time being acting under the advice of the Council of the Diocese. Provided that no sale exchange mortgage or other security shall be made or given over the said property or any portion thereof without the consent in writing of the Trusts Corporation of each of the Dioceses of Bendigo Wangaratta and Gippsland but this proviso shall not apply to any mortgage or other security which may be given for the purpose of renewing or raising money to pay off wholly or in part the amount of the existing mortgage.

Purposes to which Proceeds of Disposition are to be Applied

1.   As to capital moneys—

(1)In paying off wholly or in part the amount of any mortgage; and

(2)To such purposes in accordance with this Act as may be determined upon from time to time by the Trusts Corporations of the Diocese of Melbourne Bendigo Wangaratta and Gippsland acting under the direction of the Bishop in Council of each of the said Dioceses respectively.

2.   As to all income moneys—

To pay—

(1)All interest rates taxes assessments repairs cost of collection and all other outgoings whatsoever in connexion with the said property or the ownership thereof;

(2)One thousand one hundred pounds per annum to the Incumbent for the time being of the Ecclesiastical Parish of St. James' Melbourne (which payment is a legal liability upon the said St. James' property existing from the year One thousand eight hundred and eighty-three);

(3)Two hundred and forty pounds per annum to the Clergy Provident Fund from the first day of January One thousand nine hundred and seven;

(4)And after the said first day of January One thousand nine hundred and seven to make provision for the payment of One thousand six hundred and forty-one pounds and twelve shillings to the said fund before the end of the year One thousand nine hundred and twenty-five with simple interest at the rate of four per cent. per annum from the said first day of January One thousand nine hundred and seven;

(5)Then to pay sixteen and two-thirds per cent. per annum of the net income to the Bishop or Administrator of each of the Dioceses of Bendigo Wangaratta and Gippsland to be applied by him acting with the advice of the Council of his Diocese to such purposes as the Synod of his Diocese may from time to time direct. The balance of the said net income shall be paid over to the Bishop or Administrator of the Diocese of Melbourne to be dealt with as income of the Consolidated Fund in accordance with the provisions of the Church Funds Act 1878 of the Synod of the Church of England in the Diocese of Melbourne or any amendment thereof.

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ENDNOTES

1.     General Information

The St. James' Church Land Act 1906 was assented to on 28 December 1906 and came into operation on 28 December 1906.

2.     Table of Amendments

There are no amendments made to the St. James' Church Land Act 1906 by Acts and subordinate instruments.

3.     Explanatory Details

No entries at date of publication.