Victorian Legislation and Parliamentary Documentsi
Version No. 001
Church of England Land Enabling Act 1890
Act No. 1172/1890
Version as at 8 October 1999
TABLE OF PROVISIONS
Section Page
Corporation to have power to sell or lease as it may think fit 4
Proceeds of sale or lease to be applied in erection of school-house
etc. 5
Effect of receipts of corporation 5
Corporation may recover rents etc. 6
SCHEDULE 7
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ENDNOTES 8
General Information 8
Table of Amendments 9
Explanatory Details 10
Victorian Legislation and Parliamentary Documents1
Version No. 001
Church of England Land Enabling Act 1890
Act No. 1172/1890
Version as at 8 October 1999
An Act to enable the Church of England Trusts Corporation for
the Diocese of Melbourne, with the consent of the Bishop in
Council, to lease or sell certain settled land at Kew, in the parish
of Boroondara, in the colony of Victoria.
Preamble
WHEREAS by an indenture dated the twenty-ninth
day of January One thousand eight hundred and
sixty-one, and made between Nicholas Alexander
Fenwick therein described of the one part, and Sir
William Foster Stawell, John Halfey, and Charles
Ferdinand Bradly therein described of the other
part, the said Nicholas Alexander Fenwick
purporting to be seized in fee of the land described
in the Schedule to this Act granted the same unto
and to the use of the said Sir William Foster
Stawell, John Halfey, and Charles Ferdinand
Bradly and their heirs and assigns upon trust
nevertheless for the use and benefit of the United
Church of England and Ireland in the diocese of
Melbourne, and it was thereby declared and agreed
that the said land should be used as a site for a
church or place of worship dwelling-house or other
buildings and erections to be built in connexion
with such church as aforesaid as might from time
to time be determined on by the trustee or trustees
for the time being of the said indenture, and further
upon trust that the said trustee or trustees for the
time being should permit and suffer the buildings
already erected and built upon the said land to be
used as a church chapel or place of divine worship
in connexion with the United Church of England
and Ireland as aforesaid, with or without a
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Church of England Land Enabling Act 1890
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dwelling-house and such other buildings to be
thereon erected in connexion therewith as
aforesaid, and should from time to time and at all
times thereafter permit and suffer the said church
or chapel to be used occupied and enjoyed as a
place for the public religious worship and service
of God according to the doctrines and principles of
the said United Church of England and Ireland in
the diocese of Melbourne:
AND WHEREAS the said original deed has been
lost, but was previously registered on the
nineteenth day of March One thousand eight
hundred and sixty-one, number three hundred and
fifty-nine, book one hundred and four, and a
completed fair copy draft has been kept by the
solicitors who prepared it:
AND WHEREAS the said John Halfey died on or
about the fourth day of January One thousand eight
hundred and eighty-nine:
AND WHEREAS the said Sir William Foster
Stawell died on or about the twelfth day of March
One thousand eight hundred and eighty-nine:
AND WHEREAS by an indenture dated the ninth
day of May One thousand eight hundred and
eighty-nine and made between the said Charles
Ferdinand Bradly the sole surviving trustee of the
one part and the Church of England Trusts
Corporation for the diocese of Melbourne
(hereinafter called the corporation) of the other
part, and registered on the sixteenth day of May
One thousand eight hundred and eighty-nine by
memorial number four hundred and sixty-eight,
book three hundred and fifty-five, for the
considerations therein mentioned and in exercise of
the power conferred on him under the provisions of
the Act number seven hundred and ninety-seven he
the said Charles Ferdinand Bradly conveyed unto
the corporation inter alia the land described in the
Schedule to this Act subject to the trusts contained
in the said indenture of the twenty-ninth day of
January One thousand eight hundred and sixty-one,
Preamble
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Church of England Land Enabling Act 1890
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and the corporation now hold the said land subject
to the said trusts:
AND WHEREAS the said land was considered
unsuitable to be used as a site for a church or place
of worship on account of its being too small and
not sufficiently central:
AND WHEREAS a larger and more suitable site
was subsequently to the said indenture of twenty-
ninth day of January One thousand eight hundred
and sixty-one, namely on the seventh day of June
One thousand eight hundred and sixty-two
acquired by purchase within three hundred yards of
the said land, and a church and parsonage built on
such purchased land as aforesaid, to which church
the congregation formerly worshipping in the
building erected on the said settled land
hereinbefore referred to immediately removed, and
such church has ever since been and is now used as
a church in connexion with the United Church of
England and Ireland now called the Church of
England by the residents of Kew aforesaid:
AND WHEREAS the said building erected on the
said settled land thenceforth ceased to be used as a
church or place of worship and has been and still is
used as a school in connexion with the said church;
and the remainder of the said settled land has
always been and still is unoccupied:
AND WHEREAS in consequence of the erection
of the church on the purchased land hereinbefore
mentioned it has become unnecessary, and would
not be advisable to erect a church or chapel on the
said settled land:
AND WHEREAS there still remains sufficient of
the said purchased land adjoining the said church
to afford a suitable site for a school and a hall or
other building to be used in connexion therewith:
AND WHEREAS it would be more convenient to
have the church school in closer proximity to the
present church:
Preamble
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AND WHEREAS there is no way in which the
said land can be advantageously used for the
purposes of the said trusts:
AND WHEREAS the corporation is unable to sell
lease or otherwise dispose of the said settled land
owing to the trusts contained in the said indenture
of twenty-ninth day of January One thousand eight
hundred and sixty-one:
AND WHEREAS it would be for the advantage of
the said church and of the members of the Church
of England in the parish of Holy Trinity at Kew to
obtain power to sell or lease the said lands
described in the said Schedule and to expend the
proceeds of any such sale or a proportion of the
rents and profits arising from any such lease in the
erection of a school and assembly hall to be used in
connexion with the said church on the said
purchased land adjoining the present site of the
church:
AND WHEREAS the Bishop of the Church of
England in the diocese of Melbourne, with the
consent of the council of the said diocese, has
assented to such sale and the appropriation of the
proceeds thereof in the manner hereinbefore set
forth:
BE IT THEREFORE ENACTED by the Queen'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):
Corporation to have power to sell or lease as it may
think fit
Notwithstanding the trusts upon which the Church
of England Trusts Corporation for the diocese of
Melbourne holds the land described in the
Schedule to this Act the corporation may sell all
or any part of the said land by private sale or
s. 1
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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 it may think fit and buy in any lot or lots or
rescind or vary any contract for sale without being
liable for any consequent loss, or the corporation
may lease all or any part of the said land for such
period or periods and on such terms as it may
think fit.
2. Proceeds of sale or lease to be applied in erection of
school-house etc.
The Corporation shall apply the net proceeds of
sales by this Act authorized or so much of the
rents and profits arising from leases by this Act
authorized as may not be required for the
maintenance and support of the church schools
and school buildings used in connexion with Holy
Trinity Church, Kew, in and towards the
following object:
The erection of a school-house and assembly
hall or other building in connexion therewith
upon any part of the unoccupied portion of
the land purchased as aforesaid and upon
portion of which stands the church known as
the Holy Trinity Church, Kew.
3. Effect of receipts of corporation
The receipts of the corporation for any payments
made in respect of any sales or leases authorized
by this Act shall be effectual discharges to the
purchasers lessees or other persons making the
same respectively who shall be in no manner
concerned to see to the application thereof.
s. 2
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4. Corporation may recover rents etc.
The corporation may bring any action or suit for
the recovery of the rents of the said lands or any
part thereof and the buildings thereon or for the
preservation of such buildings and for the
recovery of damages for injuries thereto, and may
also repair and improve any of such buildings, and
out of the said rents defray the expenses of the
same, and may at any time accept the surrender of
any such lease if it think fit.
s. 4
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SCHEDULE
All that piece or parcel of land in the colony of Victoria, situate in the parish
of Boroondara and county of Bourke, being part of portion number eighty-
seven of said parish, and comprising lot number one hundred and twenty-six
on the original plan of subdivision of the said portion made by the said
Nicholas Alexander Fenwick, and known as the village of Kew, which piece
or parcel of land commences on the east side of Walpole-street eighty-three
links wide (reserved out of the said portion) at a point distant twenty chains
south from another point on the northern boundary line of said portion which
last-mentioned point is distant ten chains eighty-two and one-half links east
from the north-west corner of said portion and is bounded on the west by
Walpole-street aforesaid bearing further south one chain on the south by lot
number one hundred and twenty-seven on said plan bearing east four chains
seventy-seven links, on the east by Little Packington-street, now called Peel-
street, forty-five and a half links wide (reserved out of the said portion)
bearing north one chain, and on the north by lot number one hundred and
twenty-five on said plan bearing west four chains seventy-seven links to the
commencing point.
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Section 1.
Sch.
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ENDNOTES
General Information
The Church of England Land Enabling Act 1890 was assented to on
15 September 1890 and came into operation on 15 September 1890.
Endnotes
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2. Table of Amendments
There are no amendments made to the Church of England Land Enabling
Act 1890 by Acts and subordinate instruments.
Endnotes
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3. Explanatory Details
No entries at date of publication.
Endnotes