2 Trustees to have power to sell as they may think fit 7
3 Receipts of Trustees to discharge purchasers 8
4 Application of sale moneys 8
5 Purchased and unsold lands to be conveyed in trust for church purposes 8
6 Moneys vested in trust to be expended in erecting church buildings 9
7 Trustees to hold office subject to laws of Church Assembly 9
The First Schedule referred to 10
The Second Schedule 11
Endnotes 12
1 General information 12
2 Table of Amendments 14
3 Amendments Not in Operation 15
4 Explanatory details 16
Version No.002
Church of England Act 1875
No. 511 of 1875
Version as at
1 June 2019
An Act to authorize the sale of Trust Lands and the application of the proceeds and of Trust Moneys in the purchase of a Site and building thereon a Church for the Members of the Church of England in the Parish of Prahran.
Preamble
WHEREAS by an indenture dated the sixteenth day of May One thousand eight hundred and fifty-four and made between William Hague of the one part and John Matthew Smith Thomas Waldron and Charles Frouton of the other part in consideration of the sum of six hundred pounds the said William Hague purporting to be seized in fee of the land described in the First Schedule hereto granted the same unto and to the use of the said John Matthew Smith Thomas Waldron and Charles Frouton and their heirs upon the trusts expressed to be set forth in a declaration of trust bearing even date with the same indenture:
AND WHEREAS by an indenture dated the day of February One thousand eight hundred and fifty-seven and made between the said John Matthew Smith and Thomas Waldron of the one part and the said John Matthew Smith Alexander George Dumas and John Dudley of the other part after reciting the hereinbefore recited indenture and that there was in fact no such declaration of trust as that referred to in the same indenture, but that it had been intended by an indenture of even date with the same indenture to declare such trusts of the land comprised therein as are declared by the indenture now in recital. And after reciting that since the date of the hereinbefore recited indenture a building had been erected upon the said land for the education of poor children of the parish of Prahran by means of contributions from the Denominational School Board and from private individuals and after reciting that the said Charles Frouton had died and that the said Thomas Waldron desired to retire from the trust and that the said Alexander George Dumas and John Dudley had been appointed trustees in the place of the said Charles Frouton and Thomas Waldron by the persons contributing to the erection and maintenance of the said school building the said John Matthew Smith and Thomas Waldron did by the indenture now in recital grant the said land unto the said Alexander George Dumas and John Dudley and their heirs to the use of the said John Matthew Smith Alexander George Dumas and John Dudley their heirs and assigns to the intent that the same might be used for the education of poor children of the parish of Prahran in the principles of the Christian religion according to the doctrines and discipline of the United Church of England and Ireland and for a house or houses for the master or mistress of such school such school to be subject to the rules and regulations of the said Denominational School Board established in the colony of Victoria for the temporal regulation and inspection of schools commonly called denominational schools in the colony of Victoria:
Section 1 - Church of England Act 1875 - Church of England Act 1875 | Zoe
AND WHEREAS by an indenture dated the day of One thousand eight hundred and seventy endorsed upon the said indenture of the day of February One thousand eight hundred and fifty-seven and made between the said John Matthew Smith Alexander George Dumas and John Dudley of the first part Thomas Turner a'Beckett of the second part and Charles Perry Bishop of Melbourne the said John Matthew Smith and the said Thomas Turner a'Beckett of the third part after reciting that the said Alexander George Dumas and John Dudley desired to act no longer in the trusts of the said indenture of the day of February One thousand eight hundred and fifty-seven and that the said Charles Perry and Thomas Turner a'Beckett were willing to act in the said trusts upon having the said land vested in them jointly with the said John Matthew Smith upon the trusts of the same indenture the said John Matthew Smith Alexander George Dumas and John Dudley granted the said land to the said Thomas Turner a'Beckett and his heirs to the use of the said Charles Perry John Matthew Smith and Thomas Turner a'Beckett their heirs and assigns upon the trusts of the same indenture:
AND WHEREAS by an indenture dated the eleventh day of December One thousand eight hundred and sixty-one and made between Thomas Monahan of the first part Phillip Darvell of the second part and John Branscombe Crews Alexander George Dumas Edwin Nott Robert Smith and Augustus Frederick White of the third part after reciting that the said Philip Darvell was entitled in fee to the land firstly and secondly described in the second schedule hereto subject to a mortgage of the land therein firstly described with other lands to the said Thomas Monahan and that the said Philip Darvell had agreed to sell the said lands firstly and secondly described in the said second schedule to the said John Branscombe Crews Alexander George Dumas Edwin Nott Robert Smith and Augustus Frederick White and that the said Thomas Monahan being satisfied with the other mortgaged land as security had agreed to release the said land firstly described in the Second Schedule in consideration of One hundred and seventy pounds paid to the said Philip Darvell the said Thomas Monahan and Philip Darvell conveyed the said land firstly described in the Second Schedule and in consideration of thirty pounds paid to him he the said Philip Darvell conveyed the said land secondly described in the same Schedule to the use of the said John Branscombe Crews Alexander George Dumas Edwin Nott Robert Smith and Augustus Frederick White their heirs and assigns upon trust to be applied as a site for a church for divine worship according to the rites principles laws and regulations of the United Church of England and Ireland in Victoria and for the maintenance thereof:
AND WHEREAS by deed dated the day of March One thousand eight hundred and sixty-nine endorsed on the said indenture of the eleventh day of December One thousand eight hundred and sixty-one and made between the said John Branscombe Crews Alexander George Dumas Edwin Nott Robert Smith and Augustus Frederick White of the one part and Thomas Broadbent John Owen and William Vann of the other part after reciting that the said John Branscombe Crews Alexander George Dumas Edwin Nott Robert Smith and Augustus Frederick White had resigned the office of trustees of the lands described in the said Second Schedule and that the said Thomas Broadbent John Owen and William Vann had been elected trustees thereof the said John Branscombe Crews Alexander George Dumas Edwin Nott Robert Smith and Augustus Frederick White granted the lands described in the said Second Schedule unto and to the use of the said Thomas Broadbent John Owen and William Vann and their heirs upon the trusts of the said indenture of the eleventh day of December One thousand eight hundred and sixty-one.
AND WHEREAS by a deed dated the day of August One thousand eight hundred and sixty-nine also endorsed upon the said indenture of the eleventh day of December One thousand eight hundred and sixty-one after reciting that the said William Vann had resigned his office of trustee of the lands described in the said Second Schedule and that John Dickson Loch had been appointed a trustee in his stead and that Augustus Frederick White and John Fulford had been appointed additional trustees thereof the said Thomas Broadbent John Owen and William Vann granted the lands mentioned in the Second Schedule unto the said John Dickson Loch Augustus Frederick White and John Fulford and their heirs to the use of the said Thomas Broadbent John Owen John Dickson Loch Augustus Frederick White and John Fulford and their heirs upon the trusts of the said indenture of the eleventh day of December One thousand eight hundred and sixty-one:
AND WHEREAS the said Augustus Frederick White has departed this life and William Hartnett has been elected a trustee in his stead and has accepted the office of trustee accordingly:
AND WHEREAS the said John Fulford being about to leave the colony of Victoria with the view of permanently residing in England has resigned his office of trustee:
AND WHEREAS the sum of Five hundred and fifty-two pounds nine shillings and four pence which has been contributed by several of the inhabitants of the parish of Prahran for the purpose of building a church for the conduct of divine worship according to the rites of the Church of England in Victoria upon the lands described in the Second Schedule hereto or upon some other site in the parish of Prahran is with a sum which has accrued as interest on a bank deposit thereof now in the hands of the said Thomas Broadbent John Owen John Dickson Loch and William Hartnett who hold the same in trust for that purpose:
AND WHEREAS the Denominational School Board of the colony of Victoria no longer exists and under the present system of National education it has been found unnecessary and impracticable to maintain a school for the education of poor children in the parish of Prahran upon the land described in the First Schedule hereto and the buildings thereon have been used for many years as a church for the conduct of divine worship according to the rites of the Church of England in Victoria and of a Sunday-school in connection therewith:
AND WHEREAS the land described in the First Schedule hereto and the land described in the Second Schedule hereto are within a distance of about half-a-mile from each other and it would not be desirable to conduct the services of the Church of England in buildings upon both the said lands and it is believed that a more convenient site for the erection of a church than the land described in either of the said Schedules might be purchased with the proceeds of the sale thereof or of part thereof:
AND WHEREAS it would be for the advantage of the members of the Church of England in the parish of Prahran to obtain power to sell the lands described in both the said Schedules and to expend the proceeds of sale in the purchase of another site and in building a church thereon and a Sunday-school in connection therewith or instead of purchasing a new site to build a church upon any part of the land described in the Schedules hereto and to sell the remainder and also power to apply the said sum of Five hundred and fifty-two pounds nine shillings and fourpence and the interest accrued or that shall accrue thereon together with the proceeds of the sale of any of the said lands in the erection of a church and Sunday-school in connection therewith upon the site finally determined on and for the purposes aforesaid it is desired to vest the lands described in the Schedules hereto and also the said sum of Five hundred and fifty-two pounds nine shillings and fourpence with the interest hereinbefore mentioned in the said Thomas Turner a'Beckett Thomas Broadbent William Hartnett and John Owen and Barnabas Shaw Walker of Prahran aforesaid clerk in holy orders who have been approved as trustees thereof by the Vicar-General of the Diocese of Melbourne acting on behalf of the Bishop during his absence therefrom and have consented to act as trustees thereof:
BE IT THEREFORE ENACTED by the Queen's Most Excellent Majesty by and with the advice and consent of the Legislative Council and Legislative Assembly of Victoria in this present Parliament assembled and by the authority of the same as follows that is to say:
1 Lands vested in Trustees
The land described in the first schedule hereto shall be and the same is hereby vested in the said Thomas Turner a'Beckett Thomas Broadbent William Hartnett John Owen and Barnabas Shaw Walker (hereinafter called the Trustees) and their heirs for all the estate of the said Charles Perry John Matthew Smith and Thomas Turner a'Beckett therein and the lands described in the Second Schedule hereto shall be and the same are hereby vested in the Trustees and their heirs for all the estate of the said Thomas Broadbent John Owen John Dickson Loch and John Fulford therein.
2 Trustees to have power to sell as they may think fit
The Trustees or the survivors or survivor of them may with the consent in writing of the Bishop for the time being of the Diocese of Melbourne or of the person administering the affairs of the Diocese during the absence of the Bishop or the vacancy of the See sell all or any part of the lands described in the said Schedules by private sale or public auction in one lot or in lots from time to time and upon such terms and conditions as to title credit for unpaid purchase money and otherwise as they or he may think fit and may lay out and reserve from sale any part of the said lands for a road and may buy in or rescind or vary any contract for sale without being responsible for any consequent loss.
3 Receipts of Trustees to discharge purchasers
The receipts of the Trustees or of the survivors or survivor of them for the purchase money of any of the said lands shall be effectual discharges to the purchaser thereof who shall be in no manner concerned to see to the application of the purchase money.
4 Application of sale moneys
The Trustees or the survivors or survivor of them shall at their or his discretion but subject nevertheless to the consent in writing hereinbefore mentioned apply the net proceeds of sales hereby authorized in or towards one or both of the following objects:—
The purchase in fee of a convenient site for a church and a Sunday-school in connection therewith for the use of the members of the Church of England in the Parish of Prahran.
The erection of a church and of a Sunday-school in connection therewith upon the site so to be purchased or upon any part of the lands described in the Schedules hereto.
5 Purchased and unsold lands to be conveyed in trust for church purposes
Any land which may be purchased with the said moneys shall be conveyed to the Trustees as a site for a church for the conduct of divine worship according to the rites of the Church of England in Victoria and a Sunday-school in connection therewith and the lands described in the First Schedule shall until sale be held in trust for the purpose of providing a church and Sunday-school in connection therewith for the use of the members of the Church of England in the Parish of Prahran and discharged of all other trusts.
6 Moneys vested in trust to be expended in erecting church buildings
The said sum of Five hundred and fifty-two pounds nine shillings and fourpence and interest as aforesaid shall vest in the Trustees and their executors or administrators and they and the survivors or survivor of them shall hold the same in trust to apply the same in or towards the erection of the church to be built upon the site so to be purchased and of a Sunday-school in connection therewith or upon the site which may be reserved from the lands described in the said Schedules.
7 Trustees to hold office subject to laws of Church Assembly
The Trustees hereinbefore named their successors and assigns shall hold office subject to the laws of the Church Assembly of the Diocese of Melbourne in force for the time being relating to the office of Trustee of churches or parsonages belonging to the Church of England in the Colony of Victoria.
The First Schedule referred to
All that piece or parcel of land situate lying and being in the parish of Prahran in the county of Bourke and colony of Victoria part of portion numbered 41 of said parish commencing at a point one hundred and eighteen feet distant from the east corner of said portion number 41 bounded on the east by a Government road one chain wide in a line bearing north one hundred feet on the north by other part of said portion number 41 in a line at right angles to the last line bearing west one hundred and eight feet, on the west by other part of said portion number 41 in a line bearing south one hundred feet and on the south by other part of said portion number 41 in a line bearing easterly one hundred and eight feet home to the commencing point.
The Second Schedule
First Part
All that piece of land situated in and being part of suburban allotment number 42 in the said parish of Prahran, commencing at a point on the south side of Commercial road which is distant two hundred and forty feet or thereabouts east from the north-west corner of said suburban allotment and bounded on the north by Commercial road bearing east from said commencing point ninety feet on the east by a line bearing south one hundred feet then on the south by a line bearing west thirty feet then on the west by a line bearing north ten feet then on the south by other land now or late the property of Philip Darvell in a line at right angles to the last line bearing west sixty feet, and on the west by Clarence street forty feet wide reserved by the said Philip Darvell out of the said allotment in a line at right angles to the last line bearing north ninety feet to the commencing point.
Second Part
All that piece of land situate in the said parish of Prahran being other part of said suburban allotment number 42 bounded on the west by Clarence street forty feet wide reserved as aforesaid commencing at a point on the east side of the said street distant ninety feet south from a point on the south side of Commercial road aforesaid which said last mentioned point is again distant two hundred and forty feet or thereabouts east from the north-west corner of said suburban allotment bearing south from said commencing point along Clarence street aforesaid forty-one feet six inches on the south by other part of said suburban allotment in a line at right angles to the last line bearing east ninety feet on the east by a line at right angles to the last line bearing north thirty-one feet six inches on the north by the land described in the first part of this Schedule bearing west thirty feet again on the east by a line bearing north ten feet and again on the north by a line bearing west sixty feet to the commencing point.
Endnotes
1 General information
See www.legislation.vic.gov.au for Victorian Bills, Acts and current Versions of legislation and up-to-date legislative information.
The Church of England Act 1875 was assented to on 19 October 1875 and came into operation on 19 October 1875.
INTERPRETATION OF LEGISLATION ACT 1984 (ILA)
Style changes
Section 54A of the ILA authorises the making of the style changes set out in Schedule 1 to that Act.
References to ILA s. 39B
Sidenotes which cite ILA s. 39B refer to section 39B of the ILA which provides that where an undivided section or clause of a Schedule is amended by the insertion of one or more subsections or subclauses, the original section or clause becomes subsection or subclause (1) and is amended by the insertion of the expression "(1)" at the beginning of the original section or clause.
Interpretation
As from 1 January 2001, amendments to section 36 of the ILA have the following effects:
• Headings
All headings included in an Act which is passed on or after 1 January 2001 form part of that Act. Any heading inserted in an Act which was passed before 1 January 2001, by an Act passed on or after 1 January 2001, forms part of that Act. This includes headings to Parts, Divisions or Subdivisions in a Schedule; sections; clauses; items; tables; columns; examples; diagrams; notes or forms. See section 36(1A)(2A).
• Examples, diagrams or notes
All examples, diagrams or notes included in an Act which is passed on or after 1 January 2001 form part of that Act. Any examples, diagrams or notes inserted in an Act which was passed before 1 January 2001, by an Act passed on or after 1 January 2001, form part of that Act. See section 36(3A).
• Punctuation
All punctuation included in an Act which is passed on or after 1 January 2001 forms part of that Act. Any punctuation inserted in an Act which was passed before 1 January 2001, by an Act passed on or after 1 January 2001, forms part of that Act. See section 36(3B).
• Provision numbers
All provision numbers included in an Act form part of that Act, whether inserted in the Act before, on or after 1 January 2001. Provision numbers include section numbers, subsection numbers, paragraphs and subparagraphs. See section 36(3C).
• Location of "legislative items"
A "legislative item" is a penalty, an example or a note. As from 13 October 2004, a legislative item relating to a provision of an Act is taken to be at the foot of that provision even if it is preceded or followed by another legislative item that relates to that provision. For example, if a penalty at the foot of a provision is followed by a note, both of these legislative items will be regarded as being at the foot of that provision. See section 36B.
• Other material
Any explanatory memorandum, table of provisions, endnotes, index and other material printed after the Endnotes does not form part of an Act.
See section 36(3)(3D)(3E).
2 Table of Amendments
There are no amendments made to the Church of England Act 1875 by Acts and subordinate instruments.
3 Amendments Not in Operation
There are no amendments which were Not in Operation at the date of this publication.