{"id":"melbourne-orphan-asylum-sale-act-1875","name":"Melbourne Orphan Asylum Sale Act 1875","slug":"melbourne-orphan-asylum-sale-act-1875","collection":"act","jurisdiction":"vic","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":175065,"registerId":"vic-melbourne-orphan-asylum-sale-act-1875-current","compilationNumber":null,"startDate":"2026-04-05","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Melbourne Orphan Asylum Sale Act 1875","content":"Victorian Legislation and Parliamentary Documentsi\nVersion No. 001\nMelbourne Orphan Asylum Sale Act 1875\nAct No. 510/1875\nVersion incorporating amendments as at 9 August 2000\nTABLE OF PROVISIONS\nSection Page\n1, 2. Repealed 4\n3. Power to corporation to sell remaining lands 4\n4. Repealed 5\n5. Power to corporation to lease unsold premises 5\n6. Power to corporation to subdivide lands and make streets etc. 5\n7. Repealed 6\n8. Capital or principal moneys not available for maintenance etc. 6\n9. Investment of proceeds of sale of land at South Melbourne 6\n10. Corporation's receipts to be valid 7\n__________________\nSCHEDULES 8\nSCHEDULE A 8\nSCHEDULE B—Repealed 8\n═══════════════\nENDNOTES 9\n1. General Information 9\n2. Table of Amendments 10\n3. Explanatory Details 11\n\nVictorian Legislation and Parliamentary Documents1\nVersion No. 001\nMelbourne Orphan Asylum Sale Act 1875\nAct No. 510/1875\nVersion incorporating amendments as at 9 August 2000\nAn Act to enable the Melbourne Orphan Asylum Corporation to\nsell and otherwise deal with certain Land situate at Emerald Hill\nvested in such Corporation as a site for an Asylum for Orphan\nChildren and for other purposes.\nPreamble\nWHEREAS by a Deed Poll bearing date the\ntwelfth day of January One thousand eight hundred\nand seventy-two under the hand of the Right\nHonorable John Henry Thomas Viscount\nCanterbury Knight Commander of the Most\nHonorable Order of the Bath Governor and\nCommander-in-Chief of the colony of Victoria\nwith the seal of the said colony affixed Her\nMajesty in order to provide a site for an asylum for\norphan children at Emerald Hill in the said colony\ndid grant unto the Honorable Thomas Turner\na'Beckett John Badcock Henry Cooke Samuel\nMullen and William Hordern therein respectively\ndescribed and to their heirs all that piece or parcel\nof land in the said Deed Poll and in Schedule A\nhereto annexed particularly mentioned and\ndescribed together will all the rights incumbrances\nprivileges and appurtenances whatsoever thereunto\nbelonging or in anywise appertaining subject\nnevertheless to certain reservations therein\nspecified to have and to hold the said land and\npremises unto the said Thomas Turner a'Beckett\nJohn Badcock Henry Cooke Samuel Mullen and\nWilliam Hordern and to their heirs subject to\ncertain conditions provisions and declarations\ntherein mentioned and amongst others that the said\nland thereby granted and the buildings for the time\n\nVictorian Legislation and Parliamentary DocumentsAct No. 510/1875\nMelbourne Orphan Asylum Sale Act 1875\n2\nbeing thereon should be at all times thereafter\nmaintained and used as and for a site for an asylum\nfor orphan children at Emerald Hill aforesaid and\noffices and conveniences connected therewith\nunder and in accordance with such regulations as\nshould from time to time be made by the person or\npersons and in the manner therein mentioned and\nfor no other purpose whatsoever:\nAND ALSO that if the said Thomas Turner\na'Beckett John Badcock Henry Cooke Samuel\nMullen and William Hordern or the survivors or\nsurvivor of them or other the trustees or trustee of\nthe said land and premises should permit or suffer\nthe said land and premises or any part thereof to be\nused for or applied to any other than the purpose\naforesaid or to become out of proper order and\nrepair or should alienate or attempt to alienate in\nfee simple or for any less estate or interest the said\nland and premises or any part thereof save and\nexcept under and in pursuance of some law\nthereafter to be in force in the said colony it should\nbe lawful for Her Majesty in manner therein\nmentioned to re-enter upon the said land or any\npart thereof and to hold possess and enjoy the same\nas fully and effectually to all intents and purposes\nas if the said grant had not been made:\nAND BY SUCH DEED full provision was made\nfor the appointment of new trustees upon the\nhappening of certain events therein mentioned:\nAND WHEREAS in accordance with such last-\nmentioned provision of the said Deed Poll John\nM'Cutcheon of Emerald Hill was duly appointed a\ntrustee thereof in the place of the said John\nBadcock:\nAND WHEREAS at the date of the Order in\nCouncil hereinafter recited the said Thomas Turner\na'Beckett Henry Cooke Samuel Mullen William\nHordern and John M'Cutcheon were the duly\nconstituted trustees for the time being of and under\nthe said Deed Poll and all and singular the said\nland and trust premises up to and at the date\nPreamble\n\nVictorian Legislation and Parliamentary DocumentsAct No. 510/1875\nMelbourne Orphan Asylum Sale Act 1875\n3\naforesaid continued and were vested in the said\ntrustees subject only to the trusts of the said Deed\nPoll:\nAND WHEREAS by an Order in Council dated the\nfirst day of March One thousand eight hundred and\nseventy-five made by the Governor in Council\nunder the provisions in that behalf of the Act of the\nParliament of Victoria 27 Victoria No. 220 the said\ncharitable institution theretofore known as \"The\nMelbourne Orphan Asylum\" was duly declared\nand thereupon became and now is a body politic\nand corporate by the style and title of \"The\nMelbourne Orphan Asylum\" hereafter referred to\nas the said corporation having perpetual succession\nand a common seal and thereupon by virtue of the\nsaid Act No. 220 the said land and trust premises\nwere transferred to and became and still are vested\nin the said corporation:\nAND WHEREAS the land so granted as a site for\nthe said asylum forms a considerable portion of the\nmost central part of the Town of Emerald Hill and\nit has been found desirable in the interests of the\ninhabitants thereof and of the said asylum that such\nasylum should be removed to some other and less\npopulous locality:\nAND WHEREAS the said land is of considerable\nand increasing value for building purposes and the\nMunicipality of Emerald Hill aforesaid has offered\nto purchase the portion thereof which is described\nin Schedule B hereto annexed together with the\nbuildings thereon at and for the price of Twenty\nthousand pounds and to allow the said corporation\nsufficient time after the completion of such sale to\nprocure and enter into occupation of suitable and\nsufficient freehold land and building\naccommodation for the purposes of the said\nasylum, in lieu of the land and premises so sold:\nAND WHEREAS it appears that if the said\ncorporation is authorized to sell such portion of the\nsaid land as aforesaid to the said municipality at\nthe price and upon the terms abovementioned and\nPreamble\n\nVictorian Legislation and Parliamentary DocumentsAct No. 510/1875\nMelbourne Orphan Asylum Sale Act 1875\n4\nto deal with the purchase-money thereof and with\nthe remainder of the land comprised in the said\nDeed Poll in manner hereinafter provided it will\nenable it to procure such land and building\naccommodation and also to secure a permanent\nendowment for the said asylum and that thereby\nthe public advantage and the interests of the said\ncorporation will be greatly promoted:\nBE IT THEREFORE ENACTED by the Queen's Most\nExcellent Majesty by and with the advice and consent of the\nLegislative Council and the Legislative Assembly of Victoria\nin this present Parliament assembled and by the authority of\nthe same as follows that is to say:\n* * * * *\n3. Power to corporation to sell remaining lands\nIt shall be lawful for the said corporation and it is\nhereby authorized and empowered at any time or\ntimes with the consent of the Governor in Council\nto sell and convey the residue of the lands and\npremises comprised in Schedule A hereto for the\ntime being remaining unsold or any portion or\nportions thereof for an estate in fee simple free\nfrom the conditions provisions and declarations of\nthe said Deed Poll of the twelfth day of January\nOne thousand eight hundred and seventy-two for\nsuch prices upon such terms and subject to such\nconditions and reservations in all respects as the\nsaid corporation shall seem fit and either by public\nauction or private contract or partly by the one\nmode and partly by the other with power to buy in\nthe said lands and premises or any of them and to\nrescind or vary the terms of any contract for sale\nand resell the same and to duly convey or transfer\nSs 1, 2\nrepealed by\nNo. 8387\ns. 4(a).\nS. 3\namended by\nNo. 8387 s. 2.\ns. 3\n\nVictorian Legislation and Parliamentary DocumentsAct No. 510/1875\nMelbourne Orphan Asylum Sale Act 1875\n5\nany property so sold to the purchaser thereof or as\nsuch purchaser shall direct. And also to defer or\npostpone the sale of such remaining lands and\npremises or of any portion or portions thereof so\nlong as to the said corporation shall seem\nexpedient.\n* * * * *\n5. Power to corporation to lease unsold premises\nIt shall be lawful for the said corporation to\ndemise or let for the purposes of occupation\nbuilding repairing or improving or any purposes\nwhatsoever such of the said lands and premises as\nshall not for the time being have been sold or any\nportion or portions thereof for such terms of years\nor for lives or for years determinable on lives or\nfor lives with or without a term or for any period\nwhatsoever at such rents with or without fine or\npremium and generally upon such terms and in\nsuch manner as the said corporation shall think fit\nwith power to enter into and to vary or rescind any\ncontract for any such demising or letting and to\napportion any rent reserved or agreed to be\nreserved by or in any lease or letting or agreement\nfor a lease or letting. And all moneys received by\nway of fine or premium in respect of any demise\nor letting hereunder shall be deemed capital\nmoneys and dealt with as if the same were\nproceeds of sale of such lands and premises.\n6. Power to corporation to subdivide lands and make\nstreets etc.\nIt shall be lawful for the said corporation for the\npurposes of advantageously selling demising or\nletting any of the lands and premises comprised in\nSchedule A hereto to subdivide the same into such\nS. 4\namended by\nNo. 8387\ns. 4(b),\nrepealed by\nNo. 8521 s. 2.\nS. 5\namended by\nNo. 8387\ns. 4(c).\ns. 5\nS. 6\namended by\nNo. 8387\ns. 4(d).\n\nVictorian Legislation and Parliamentary DocumentsAct No. 510/1875\nMelbourne Orphan Asylum Sale Act 1875\n6\nlots and make and reserve such streets right-of-\nways passages and easements through over or in\nconnection with the said lands and premises or\nany portion or portions thereof as it shall think fit:\nProvided always that the position direction length\nwidth and level of any such street shall be first\napproved of by the council of the said\nmunicipality and after the construction of any\nsuch street the said council shall at all times have\nabsolute control over the alignment levels\nmaintenance and general management thereof.\n* * * * *\n8. Capital or principal moneys not available for\nmaintenance etc.\nAll net moneys arising from the sale of any of the\nlands and premises comprised in Schedule A\nhereto or from any fine or premium received in\nrespect of any demising or letting hereunder shall\nbe deemed capital or principal moneys and shall\nonly be available for the purposes for which the\nsame are by this Act expressly declared available\nand shall not nor shall any portion thereof under\nany circumstances by anticipation or otherwise be\navailable for the general maintenance or current\nexpenses of the said asylum.\n9. Investment of proceeds of sale of land at South\nMelbourne\n(1) All moneys invested under the provisions of this\nAct shall be invested—\n(a) in any manner in which trust moneys may be\ninvested by a trustee under the Trustee Act\n1958 or any other Act; or\nS. 7\nrepealed by\nNo. 8387\ns. 4(a).\nS. 8\namended by\nNo. 8387\ns. 4(e).\ns. 8\nS. 9\nsubstituted by\nNo. 8387 s. 3.\n\nVictorian Legislation and Parliamentary DocumentsAct No. 510/1875\nMelbourne Orphan Asylum Sale Act 1875\n7\n(b) in the purchase or acquisition or\nimprovement of freehold land within\nVictoria.\n(2) The proceeds of the sale of any land or any\nmoneys derived from the sale of any investment\nof any such proceeds shall not be invested except\nin a manner approved by the Governor in Council.\n10. Corporation's receipts to be valid\nEvery receipt in writing which shall be given by\nthe said corporation for any purchase or other\nmoneys payable under or by virtue of this Act\nshall be an effectual discharge to the person to\nwhom the same shall be given for so much money\nas shall in such receipt be expressed to be received\nand no person paying any such money and taking\nsuch receipt shall be bound to see to the\napplication of the money so paid or be answerable\nfor or affected by the loss non-application or\nmis-application thereof.\n__________________\ns. 10\n\nVictorian Legislation and Parliamentary DocumentsAct No. 510/1875\nMelbourne Orphan Asylum Sale Act 1875\n8\nSCHEDULES\nSCHEDULE A\nAll that piece or parcel of land in the colony of Victoria containing eleven\nacres and two roods or thereabouts situated in the county of Bourke borough\nof Emerald Hill being section fourteen commencing at the intersection of the\nsouthern side of Dorcas-street by the western side of Clarendon street\nbounded thence by the last-named street bearing south twenty-eight degrees\neast eleven chains fifty links thence by Park-street bearing south sixty-two\ndegrees west ten chains thence by Cecil-street bearing north twenty-eight\ndegrees west eleven chains fifty links and thence by the first-named street\nbearing north sixty-two degrees east ten chains to the point of\ncommencement.\n__________________\n* * * * *\n═══════════════\nSch. A\nSch. B\nrepealed by\nNo. 8387\ns. 4(a).\n\nVictorian Legislation and Parliamentary DocumentsAct No. 510/1875\nMelbourne Orphan Asylum Sale Act 1875\n9\nENDNOTES\n1. General Information\nThe Melbourne Orphan Asylum Sale Act 1875 was assented to on\n19 October 1875 and came into operation on 19 October 1875.\nEndnotes\n\nVictorian Legislation and Parliamentary DocumentsAct No. 510/1875\nMelbourne Orphan Asylum Sale Act 1875\n10\n2. Table of Amendments\nThis Version incorporates amendments made to the Melbourne Orphan\nAsylum Sale Act 1875 by Acts and subordinate instruments.\n–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––\nMelbourne Family Care Organization Act 1973, No. 8387/1973\nAssent Date: 3.4.73\nCommencement Date: 3.4.73\nCurrent State: All of Act in operation\nMelbourne Family Care Organization (Amendment) Act 1973, No. 8521/1973\nAssent Date: 18.12.73\nCommencement Date: 18.12.73\nCurrent State: All of Act in operation\n–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––\nEndnotes\n\nVictorian Legislation and Parliamentary DocumentsAct No. 510/1875\nMelbourne Orphan Asylum Sale Act 1875\n11\n3. Explanatory Details\nNo entries at date of publication.\nEndnotes","sortOrder":0}],"analysis":{"issue_detection":{"absurdities":[],"contradictions":[]},"summary":{"complexity_score":2,"scope_assessment":{"changed":false,"description":"The Act appears to have remained narrowly focused on its original purpose: authorising a specific property sale relating to the Melbourne Orphan Asylum. There is no evidence of scope expansion beyond this single transactional intent."},"complexity_factors":["Extremely narrow and specific subject matter — a single historic property transaction","Very limited legislative text available for analysis, making full interpretation difficult","Historical context requires understanding of 19th century Victorian colonial law and charitable institution governance","Ambiguity around its current 'in force' status versus its likely spent nature"],"plain_english_summary":"The Melbourne Orphan Asylum Sale Act 1875 authorised a specific sale of land or property belonging to the Melbourne Orphan Asylum, giving legal permission for a one‑off transaction. Its practical effect today is negligible — it’s a spent, historic statute that illustrates how 19th‑century colonial parliaments directly controlled charitable institutions’ assets."},"flash_summary":{"complexity_score":3,"scope_assessment":{"changed":true,"description":"Yes. Later Acts in 1973 (No. 8387 and No. 8521) repealed several original sections and Schedule B, amended s.3, s.5, s.6, s.8 and substituted s.9, and updated investment and organisational references. These amendments narrowed or modernised how proceeds may be invested and removed or altered some original procedural provisions while preserving the core power to sell, lease, subdivide and invest sale proceeds."},"complexity_factors":["Governor in Council consent required for sales (s.3) adds an external approval layer.","Capital classification of sale proceeds and prohibition on using them for current maintenance (s.8) restricts fiscal flexibility.","Investment rules reference the Trustee Act and require Governor in Council approval for reinvestment (s.9), creating statutory constraints on asset management.","Subdivision and street-making powers subject to municipal approval of alignment/levels and municipal control after construction (s.6).","Broad leasing powers with premiums treated as capital (s.5) change revenue characterisation.","Multiple later amendments and repeals (Melbourne Family Care Organization Act 1973 No. 8387 and Amendment No. 8521) altered, repealed or substituted several provisions, requiring cross-referencing.","Schedules contain precise land description; property‑specific drafting increases technicality for conveyancing."],"plain_english_summary":"This Act lets the Melbourne Orphan Asylum corporation sell, lease, subdivide and otherwise deal with the Emerald Hill land vested in it, and to invest the money raised. Sales need the Governor in Council’s consent; subdivision and street positions require the local council’s approval. Proceeds are treated as capital, not available for routine maintenance, and must be invested under trustee rules or in freehold Victorian land, with major investment decisions needing Governor in Council approval."},"flash_summary_failed":{"failed":true,"reason":"Unauthenticated. Configure AI_GATEWAY_API_KEY or use a provider module. Learn more: https://ai-sdk.dev/unauthenticated-ai-gateway","source":"analysis-cron"},"kimi_summary":{"content_quality":"ok","complexity_score":3,"scope_assessment":{"changed":true,"description":"The original 1875 Act was narrowly focused on enabling sale of specific Emerald Hill land to the local municipality and reinvesting proceeds. Amendments in 1973 (Melbourne Family Care Organization Acts) significantly broadened the scope: removed specific references to the South Melbourne land sale, expanded investment powers to include any land in Victoria (not just replacement premises), and removed restrictions tying the legislation to the original 1872 grant conditions. The Act transformed from a one-off land sale mechanism into ongoing asset management powers for what became Melbourne Family Care."},"complexity_factors":["Short statute (only 10 operative sections, with 4 repealed)","Single purpose legislation with straightforward powers","Minimal cross-referencing (only references to Trustee Act 1958 for investment powers)","Simple conditional structure: Governor in Council approval required for sales and investments","Historical preamble is lengthy but doesn't create legal complexity","Only one defined term of substance ('the said corporation')","No nested exceptions or complex provisos beyond standard 'with approval' requirements"],"plain_english_summary":"This 1875 Victorian law lets the Melbourne Orphan Asylum sell off its valuable land in Emerald Hill (now South Melbourne) that was originally granted by the Crown for an orphanage. The land had become prime real estate in a growing suburb, so the Act allows the orphanage corporation to:\n\n- **Sell the land** (with government approval), even though the original 1872 grant said it could only be used for an orphanage\n- **Lease unsold portions** of the property\n- **Subdivide the land** and create streets (subject to local council approval)\n- **Invest the sale proceeds** in other property or approved investments to create a permanent endowment for the orphanage\n\n**Key protection:** The money from land sales can't be used for day-to-day running costs—it must be kept as capital (a long-term investment fund) to secure the orphanage's future.\n\n**Why it matters:** This is a classic example of 19th-century \"asset recycling\"—converting a fixed charitable asset (land) into a diversified investment portfolio, allowing the orphanage to move to cheaper premises while securing its financial future."}},"importantCases":[],"_links":{"self":"/api/acts/melbourne-orphan-asylum-sale-act-1875","history":"/api/acts/melbourne-orphan-asylum-sale-act-1875/history","analysis":"/api/acts/melbourne-orphan-asylum-sale-act-1875/analysis","conflicts":"/api/acts/melbourne-orphan-asylum-sale-act-1875/conflicts","importantCases":"/api/acts/melbourne-orphan-asylum-sale-act-1875/important-cases","documents":"/api/acts/melbourne-orphan-asylum-sale-act-1875/documents"}}