Victorian Legislation and Parliamentary Documentsi
Version No. 001
Balaclava Methodist Church Land Act 1939
Act No. 4665/1939
Version incorporating amendments as at 8 August 2000
TABLE OF PROVISIONS
Section Page
Short title 2
Land in Schedule 2
SCHEDULE 4
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ENDNOTES 5
General Information 5
Table of Amendments 6
Explanatory Details 7
Victorian Legislation and Parliamentary Documents1
Version No. 001
Balaclava Methodist Church Land Act 1939
Act No. 4665/1939
Version incorporating amendments as at 8 August 2000
An Act to enable the Trustees of certain Land at Balaclava in the
City of St. Kilda held by them for the purposes of the Methodist
Church of Australasia in Victoria to sell or otherwise deal with
or dispose of the said Land, and for other purposes.
Preamble
WHEREAS by Crown grant dated the eighth day
of September One thousand nine hundred and
eleven and registered in the Office of Titles
Volume 3537 Folium 707391 the land described in
the Schedule to this Act, being the land described
in the Second Schedule to the St. Kilda Land Act
1910, was granted pursuant to the said Act unto
certain persons therein named their heirs and
assigns for ever for the purposes of the Methodist
Church of Australasia in Victoria:
AND WHEREAS the present trustees of the land
described in the said Schedule desire to sell or
otherwise deal with or dispose of the said land:
AND WHEREAS it is expedient to provide that
notwithstanding anything in the St. Kilda Land
Act 1910 or any other Act or enactment or in the
hereinbefore recited Crown grant the present
trustees of the said land shall be deemed to hold
the land described in the said Schedule in fee
simple without any restriction upon their powers of
alienation thereof, and that the provision or
condition of the said Crown grant requiring the
trustees their heirs and assigns to hold the said land
for ever for the purposes of the Methodist Church
of Australasia in Victoria shall have no further
force or effect, and that the present trustees shall be
empowered to sell mortgage or otherwise deal with
Victorian Legislation and Parliamentary DocumentsAct No. 4665/1939
Balaclava Methodist Church Land Act 1939
2
or dispose of the said land or any part thereof and
to deal with the proceeds of any such sale
mortgage dealing or disposal in accordance with
the trusts contained in the Methodist Model Deed
of Victoria:
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):
Short title
This Act may be cited as the Balaclava
Methodist Church Land Act 1939.
Land in Schedule
(1) Notwithstanding anything in the St. Kilda Land
Act 1910 or any other Act or enactment or in the
hereinbefore recited Crown grant dated the eighth
day of September One thousand nine hundred and
eleven—
(a) the present trustees of the land described in
the Schedule to this Act shall be deemed to
hold the said land in fee simple without any
restriction upon their powers of alienation
thereof;
(b) the provision or condition of the
hereinbefore recited Crown grant requiring
the persons therein named and their heirs and
assigns to hold the said land for ever for the
purposes of the Methodist Church of
Australasia in Victoria shall have no further
force or effect; and
s. 1
Victorian Legislation and Parliamentary DocumentsAct No. 4665/1939
Balaclava Methodist Church Land Act 1939
3
(c) the present trustees of the said land may in
accordance with the trusts contained in the
Methodist Model Deed of Victoria sell
mortgage or otherwise deal with or dispose
of the said land or any part thereof.
(2) The proceeds of any such sale mortgage dealing
or disposal shall be dealt with in accordance with
the trusts contained in the said Methodist Model
Deed of Victoria.
(3) Without limiting the effect of the foregoing
provisions of this section, the words "for the
purposes of the Methodist Church of Australasia
in Victoria" in the hereinbefore recited Crown
grant are hereby revoked made void and annulled.
(4) The Registrar of Titles must make any recordings
in the Register that are necessary or expedient in
consequence of this Act, and the holder of any
relevant certificate of title must if requested to do
so deliver it to the Registrar of Titles.
s. 2
S. 2(4)
substituted by
No. 18/1989
s. 13(Sch. 2
item 6(a)).
Victorian Legislation and Parliamentary DocumentsAct No. 4665/1939
Balaclava Methodist Church Land Act 1939
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SCHEDULE
Land, being the land granted to trustees for the purposes of the Methodist
Church of Australasia in Victoria by folio of the Register Volume 3537
Folium 707391, which is hereby vested in the present trustees thereof
without restriction on alienation and which may be dealt with as provided
in this Act.
County of Bourke, parish of Prahran, city of St. Kilda:
Commencing at the north-east angle of allotment 135 (Town Hall and Court
House Reserve); bounded thence by that allotment bearing S. 0º 45´ E. one
chain ninety-seven links and one half of a link; thence by a line bearing
S. 88º 38´ E. one chain and one tenth of a link; thence by the Methodist
Church land bearing N. 0º 45´ W. two chains; and thence by Carlisle-street
bearing S. 89º 58´ W. one chain to the point of commencement.
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Preamble,
section 2.
Sch.
amended by
No. 18/1989
s. 13(Sch. 2
item 6(b)).
Sch.
Victorian Legislation and Parliamentary DocumentsAct No. 4665/1939
Balaclava Methodist Church Land Act 1939
5
ENDNOTES
General Information
The Balaclava Methodist Church Land Act 1939 was assented to on
23 October 1939 and came into operation on 23 October 1939.
Endnotes
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Balaclava Methodist Church Land Act 1939
6
2. Table of Amendments
This Version incorporates amendments made to the Balaclava Methodist
Church Land Act 1939 by Acts and subordinate instruments.
–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––
Transfer of Land (Computer Register) Act 1989, No. 18/1989
Assent Date: 16.5.89
Commencement Date: 3.2.92: Government Gazette 18.12.91 p. 3488
Current State: All of Act in operation
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Endnotes
Victorian Legislation and Parliamentary DocumentsAct No. 4665/1939
Balaclava Methodist Church Land Act 1939
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3. Explanatory Details
No entries at date of publication.
Endnotes