Wangaratta Church of England Land Act 1930 (Vic)

Version No. 001

Wangaratta Church of England Land Act 1930

Act No. 3924/1930

Version as at 24 February 2003

TABLE OF PROVISIONS

Section  Page

1.Short title

2.Alteration of trusts of lands described in First, Second and
Third Schedules

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SCHEDULES

SCHEDULE 1

SCHEDULE 2

SCHEDULE 3

SCHEDULE 4

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ENDNOTES

1.  General Information

2.  Table of Amendments

3.  Explanatory Details

Version No. 001

Wangaratta Church of England Land Act 1930

Act No. 3924/1930

Version as at 24 February 2003

An Act relating to the Trusts upon and subject to which certain Lands at Wangaratta are held by the Church of England Trusts Corporation for the Diocese of Wangaratta and to the Disposition and the Application of the Proceeds of Disposition of such Lands.

Preamble

WHEREAS by an Indenture of Conveyance dated the twenty-third day of May One thousand eight hundred and sixty the lands described in the First Schedule to this Act were conveyed by George Edward Mackay by the direction of Charles William Hughes to Charles Perry, Bishop of Melbourne, and his successors in fee-simple upon and subject to the trusts specified in the said First Schedule:

AND WHEREAS by an Indenture of Conveyance dated the twenty-sixth day of June One thousand eight hundred and sixty the lands described in the Second Schedule to this Act were conveyed by Samuel McGhee by direction of William Clark to the said Charles Perry, Bishop of Melbourne, and his successors in fee-simple upon and subject to the trusts specified in the said Second Schedule:

AND WHEREAS by an Indenture of Conveyance dated the thirteenth day of July One thousand eight hundred and sixty the lands described in the Third Schedule to this Act were conveyed by William Clark to the said Charles Perry, Bishop of Melbourne, and his successors in fee-simple upon and subject to the trusts specified in the said Third Schedule:

AND WHEREAS the lands described in the said First Second and Third Schedules are now pursuant to the provisions of the St. James' Church Land Act 1906 vested upon and subject to the aforesaid trusts respectively in the Church of England Trusts Corporation for the Diocese of Wangaratta:

AND WHEREAS it is expedient to alter the trusts upon and subject to which the said lands are held and to grant powers of disposition and dealing in respect of such lands:

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 Wangaratta Church of England Land Act 1930.

2.Alteration of trusts of lands described in First, Second and Third Schedules

In lieu of the trusts declared by the hereinbefore recited indentures of conveyance the whole of the lands described in the First Second and Third Schedules to this Act shall from the passing of this Act be held by the Church of England Trusts Corporation for the Diocese of Wangaratta upon and subject to the trusts and with the powers of disposition set out in the Fourth Schedule to this Act and the purposes to which the proceeds of disposition thereof are to be applied shall be those set out in the said Fourth Schedule.

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SCHEDULES

FIRST SCHEDULE

Land: Crown allotments 5, 11, 12, 13 and 14 of section 20 town of Wangaratta parish of Wangaratta North county of Delatite.

Trusts: Upon trust from time to time and at all times hereafter to permit and suffer the said pieces or parcels of land and hereditaments to be used by the Minister of the United Church of England and Ireland having for the time being the spiritual charge of the ecclesiastical parish or district connected or to be connected with the Church of England now known as the parish of Wangaratta or who shall have the spiritual charge of so much of any parish to be hereafter constituted in the Diocese of Melbourne as shall have within its limits the said pieces or parcels of land and for the erection thereon or some part thereof of a parsonage house for such Minister and for no other purpose whatsoever.

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SECOND SCHEDULE

Land: Crown allotment 3 of section 20 town of Wangaratta parish of Wangaratta North county of Delatite.

Trusts: Upon trust to use and apply the same as in his or their discretion may seem best calculated to maintain and support a Minister of the Church of England in officiating according to the forms and doctrines of said Church under licence from the said Bishop of Melbourne or his successors in the ecclesiastical district of Wangaratta as at present constituted by the said Bishop of Melbourne and generally in the promotion of public worship according to such forms and doctrines in the said district.

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THIRD SCHEDULE

Land: Crown allotments 4, 15 and 16 of section 20 town of Wangaratta parish of Wangaratta North county of Delatite.

Trusts: Upon trust to use and apply the same as in his or their discretion may seem best calculated to maintain and support a Minister of the United Church of England in Ireland in officiating according to the forms and doctrines of said Church under licence from the said Bishop of Melbourne or his successors in the ecclesiastical district of Wangaratta as at present constituted by the said Bishop of Melbourne and generally in the promotion of public worship according to such forms and doctrine within such district.

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FOURTH SCHEDULE

NEW TRUSTS

Upon trust to permit the whole or any part of the said lands to be used for such purposes of the Church of England or for such use of any Minister or officer thereof or of any institution conducted or controlled by the said Church or connected therewith as the Bishop of Wangaratta (or the person duly authorized to administer the affairs of the diocese during a vacancy of the See) acting under the advice of the Council of the Diocese shall direct unless and until the said lands shall be disposed of under the powers of disposition hereinafter set out.

POWERS OF DISPOSITION

With the consent of the Bishop of Wangaratta (or the person duly authorized to administer the affairs of the diocese during a vacancy of the See) acting under the advice of the Council of the Diocese to mortgage sell lease (on building lease or otherwise) exchange create easements over or reserve roads on the said lands or any part thereof.

PURPOSES TO WHICH PROCEEDS OF DISPOSITION ARE TO BE APPLIED

Such purposes of the Church of England within the Diocese of Wangaratta as the Bishop of Wangaratta (or the person duly authorized to administer the affairs of the diocese during a vacancy of the See) acting under the advice of the Council of the Diocese may from time to time direct PROVIDED that out of the income (other than the income arising from the user of the said lands or any part thereof for the purposes of the said Church or by any Minister or officer thereof and the income from any building erected or institution established on the said land and conducted or controlled by the said Church or connected therewith) arising in any year from the said lands or any part thereof or from the proceeds of any disposition thereof after providing for any mortgage debt or other liability in respect of the said lands or any part thereof the sum of Five hundred pounds shall as a first charge thereon be paid to the Minister of the Church of England having for the time being the spiritual charge of the ecclesiastical parish of Wangaratta.

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ENDNOTES

1.     General Information

The Wangaratta Church of England Land Act 1930 was assented to on 31 December 1930 and came into operation on 31 December 1930.

2.     Table of Amendments

There are no amendments made to the Wangaratta Church of England Land Act 1930 by Acts and subordinate instruments.

3.     Explanatory Details

No entries at date of publication.