Victoria act

Church of England, Belfast Lands Act 1857

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Victoria

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act

Plain English Summary

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Allows the sole surviving trustee, Robert H. Woodward, to complete sales and conveyances of specified Belfast Church of England lands and, on his death, vests those sale powers in trustees named in an 1854 indenture. Written receipts from the trustee(s) are a valid discharge for purchasers and purchasers are not liable for how sale proceeds are applied.

Affects the named trustee(s) and buyers by clarifying who can convey title and by limiting purchaser post‑sale liability; it replaces a joint‑trustee requirement with surviving and successor trustee authority.

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Current sections

Direct links to the current provisions in Church of England, Belfast Lands Act 1857.

Church of England, Belfast Lands Act 1857

Victorian Legislation and Parliamentary Documentsi Version No. 001 Church of England, Belfast Lands Act 1857 Act No. 23/1857 Version as at 8 October 1999 TABLE OF PROVISIONS Section Page

Power to surviving trustee to sell 2
On death of surviving trustee power to vest in certain other trustees 2
Receipt of trustee or trustees to be a valid discharge 2 ═══════════════ ENDNOTES 4
General Information 4
Table of Amendments 5
Explanatory Details 6

Victorian Legislation and Parliamentary Documents1 Version No. 001 Church of England, Belfast Lands Act 1857 Act No. 23/1857 Version as at 8 October 1999 An Act to amend "An Act to enable the Trustees for the time being of certain portions of the Belfast Church of England Lands in the Colony of Victoria to sell certain portions of the said Lands". Preamble WHEREAS by an Act of the Lieutenant-Governor and Legislative Council made and passed in the eighteenth year of the rein of Her present Majesty intituled "An Act to enable the Trustees for the time being of certain portions of the Belfast Church of England Lands in the Colony of Victoria to sell certain portions of the said Lands" it was enacted that it should and might be lawful for Robert Henry Woodward and Charles Mills therein named as being the trustees of certain lands comprised in a schedule to such Act to sell such lands and the inheritance thereof in the manner and for the purposes therein mentioned: AND WHEREAS since the passing of the said Act part of such lands have been contracted to be sold by the said Charles Mills and Robert Henry Woodward jointly and by the said Robert Henry Woodward alone and the said Charles Mills hath departed this life leaving the said Robert Henry Woodward him surviving, and doubts have arisen as to the right of the said Robert Henry Woodward to convey the said part of the said land or to sell or dispose of the remainder of such land, and it is desirable to remove such doubts:

Victorian Legislation and Parliamentary DocumentsAct No. 23/1857 Church of England, Belfast Lands Act 1857 2 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):

Power to surviving trustee to sell It shall and may be lawful for the said Robert Henry Woodward to convey the said part of the said land and to sell dispose of and convey the said remainder thereof for the purposes of the said recited Act in the same manner and as fully and effectually as the said Charles Mills and Robert Henry Woodward could have done by virtue of the said Act.
On death of surviving trustee power to vest in certain other trustees In the event of the death of the said Robert Henry Woodward, all the powers and authorities hereby given to and vested in the said Robert Henry Woodward shall and may be exercised by the trustees for the time being of an indenture dated the twenty-second day of August One thousand eight hundred and fifty-four and made between James Atkinson of the first part George Kenyon Holden of the second part John Bland Richard Colles Horace Flower and the said Robert Henry Woodward and Charles Mills of the third part as fully and effectually as the said Robert Henry Woodward and Charles Mills could have done by virtue of the said Act.
Receipt of trustee or trustees to be a valid discharge And the receipts in writing of the said Robert Henry Woodward or of such trustees as aforesaid as the case may be shall be good and sufficient discharges to the purchaser or purchasers of the said land or of any portions thereof; and such s. 1

Victorian Legislation and Parliamentary DocumentsAct No. 23/1857 Church of England, Belfast Lands Act 1857 3 purchaser or purchasers shall not be bound nor required to see to the application nor be affected by the misapplication or non-application thereof. ═══════════════ s. 3

Victorian Legislation and Parliamentary DocumentsAct No. 23/1857 Church of England, Belfast Lands Act 1857 4 ENDNOTES

General Information The Church of England Belfast Lands Act 1857 was assented to on 2 October 1857 and came into operation on 2 October 1857. Endnotes

Victorian Legislation and Parliamentary DocumentsAct No. 23/1857 Church of England, Belfast Lands Act 1857 5 2. Table of Amendments There are no amendments made to the Church of England Belfast Lands Act 1857 by Acts and subordinate instruments. Endnotes

Victorian Legislation and Parliamentary DocumentsAct No. 23/1857 Church of England, Belfast Lands Act 1857 6 3. Explanatory Details No entries at date of publication. Endnotes

Source text

Sourced from Victorian Legislation (legislation.vic.gov.au), CC BY 4.0.

1 Church of England, Belfast Lands Act 1857

Victorian Legislation and Parliamentary Documentsi Version No. 001 Church of England, Belfast Lands Act 1857 Act No. 23/1857 Version as at 8 October 1999 TABLE OF PROVISIONS Section Page

Power to surviving trustee to sell 2
On death of surviving trustee power to vest in certain other trustees 2
Receipt of trustee or trustees to be a valid discharge 2 ═══════════════ ENDNOTES 4
General Information 4
Table of Amendments 5
Explanatory Details 6

Power to surviving trustee to sell It shall and may be lawful for the said Robert Henry Woodward to convey the said part of the said land and to sell dispose of and convey the said remainder thereof for the purposes of the said recited Act in the same manner and as fully and effectually as the said Charles Mills and Robert Henry Woodward could have done by virtue of the said Act.