Victorian Legislation and Parliamentary Documentsi
Version No. 001
Melbourne Orphan Asylum Sale Act 1875
Act No. 510/1875
Version incorporating amendments as at 9 August 2000
TABLE OF PROVISIONS
Section Page
1, 2. Repealed 4
3. Power to corporation to sell remaining lands 4
4. Repealed 5
5. Power to corporation to lease unsold premises 5
6. Power to corporation to subdivide lands and make streets etc. 5
7. Repealed 6
8. Capital or principal moneys not available for maintenance etc. 6
9. Investment of proceeds of sale of land at South Melbourne 6
10. Corporation's receipts to be valid 7
Victorian Legislation and Parliamentary Documents1
Version No. 001
Melbourne Orphan Asylum Sale Act 1875
Act No. 510/1875
Version incorporating amendments as at 9 August 2000
An Act to enable the Melbourne Orphan Asylum Corporation to
sell and otherwise deal with certain Land situate at Emerald Hill
vested in such Corporation as a site for an Asylum for Orphan
Children and for other purposes.
Preamble
WHEREAS by a Deed Poll bearing date the
twelfth day of January One thousand eight hundred
and seventy-two under the hand of the Right
Honorable John Henry Thomas Viscount
Canterbury Knight Commander of the Most
Honorable Order of the Bath Governor and
Commander-in-Chief of the colony of Victoria
with the seal of the said colony affixed Her
Majesty in order to provide a site for an asylum for
orphan children at Emerald Hill in the said colony
did grant unto the Honorable Thomas Turner
a'Beckett John Badcock Henry Cooke Samuel
Mullen and William Hordern therein respectively
described and to their heirs all that piece or parcel
of land in the said Deed Poll and in Schedule A
hereto annexed particularly mentioned and
described together will all the rights incumbrances
privileges and appurtenances whatsoever thereunto
belonging or in anywise appertaining subject
nevertheless to certain reservations therein
specified to have and to hold the said land and
premises unto the said Thomas Turner a'Beckett
John Badcock Henry Cooke Samuel Mullen and
William Hordern and to their heirs subject to
certain conditions provisions and declarations
therein mentioned and amongst others that the said
land thereby granted and the buildings for the time
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Melbourne Orphan Asylum Sale Act 1875
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being thereon should be at all times thereafter
maintained and used as and for a site for an asylum
for orphan children at Emerald Hill aforesaid and
offices and conveniences connected therewith
under and in accordance with such regulations as
should from time to time be made by the person or
persons and in the manner therein mentioned and
for no other purpose whatsoever:
AND ALSO that if the said Thomas Turner
a'Beckett John Badcock Henry Cooke Samuel
Mullen and William Hordern or the survivors or
survivor of them or other the trustees or trustee of
the said land and premises should permit or suffer
the said land and premises or any part thereof to be
used for or applied to any other than the purpose
aforesaid or to become out of proper order and
repair or should alienate or attempt to alienate in
fee simple or for any less estate or interest the said
land and premises or any part thereof save and
except under and in pursuance of some law
thereafter to be in force in the said colony it should
be lawful for Her Majesty in manner therein
mentioned to re-enter upon the said land or any
part thereof and to hold possess and enjoy the same
as fully and effectually to all intents and purposes
as if the said grant had not been made:
AND BY SUCH DEED full provision was made
for the appointment of new trustees upon the
happening of certain events therein mentioned:
AND WHEREAS in accordance with such last-
mentioned provision of the said Deed Poll John
M'Cutcheon of Emerald Hill was duly appointed a
trustee thereof in the place of the said John
Badcock:
AND WHEREAS at the date of the Order in
Council hereinafter recited the said Thomas Turner
a'Beckett Henry Cooke Samuel Mullen William
Hordern and John M'Cutcheon were the duly
constituted trustees for the time being of and under
the said Deed Poll and all and singular the said
land and trust premises up to and at the date
Preamble
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Melbourne Orphan Asylum Sale Act 1875
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aforesaid continued and were vested in the said
trustees subject only to the trusts of the said Deed
Poll:
AND WHEREAS by an Order in Council dated the
first day of March One thousand eight hundred and
seventy-five made by the Governor in Council
under the provisions in that behalf of the Act of the
Parliament of Victoria 27 Victoria No. 220 the said
charitable institution theretofore known as "The
Melbourne Orphan Asylum" was duly declared
and thereupon became and now is a body politic
and corporate by the style and title of "The
Melbourne Orphan Asylum" hereafter referred to
as the said corporation having perpetual succession
and a common seal and thereupon by virtue of the
said Act No. 220 the said land and trust premises
were transferred to and became and still are vested
in the said corporation:
AND WHEREAS the land so granted as a site for
the said asylum forms a considerable portion of the
most central part of the Town of Emerald Hill and
it has been found desirable in the interests of the
inhabitants thereof and of the said asylum that such
asylum should be removed to some other and less
populous locality:
AND WHEREAS the said land is of considerable
and increasing value for building purposes and the
Municipality of Emerald Hill aforesaid has offered
to purchase the portion thereof which is described
in Schedule B hereto annexed together with the
buildings thereon at and for the price of Twenty
thousand pounds and to allow the said corporation
sufficient time after the completion of such sale to
procure and enter into occupation of suitable and
sufficient freehold land and building
accommodation for the purposes of the said
asylum, in lieu of the land and premises so sold:
AND WHEREAS it appears that if the said
corporation is authorized to sell such portion of the
said land as aforesaid to the said municipality at
the price and upon the terms abovementioned and
Preamble
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Melbourne Orphan Asylum Sale Act 1875
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to deal with the purchase-money thereof and with
the remainder of the land comprised in the said
Deed Poll in manner hereinafter provided it will
enable it to procure such land and building
accommodation and also to secure a permanent
endowment for the said asylum and that thereby
the public advantage and the interests of the said
corporation will be greatly promoted:
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:
Power to corporation to sell remaining lands
It shall be lawful for the said corporation and it is
hereby authorized and empowered at any time or
times with the consent of the Governor in Council
to sell and convey the residue of the lands and
premises comprised in Schedule A hereto for the
time being remaining unsold or any portion or
portions thereof for an estate in fee simple free
from the conditions provisions and declarations of
the said Deed Poll of the twelfth day of January
One thousand eight hundred and seventy-two for
such prices upon such terms and subject to such
conditions and reservations in all respects as the
said corporation shall seem fit and either by public
auction or private contract or partly by the one
mode and partly by the other with power to buy in
the said lands and premises or any of them and to
rescind or vary the terms of any contract for sale
and resell the same and to duly convey or transfer
Ss 1, 2
repealed by
No. 8387
s. 4(a).
S. 3
amended by
No. 8387 s. 2.
s. 3
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any property so sold to the purchaser thereof or as
such purchaser shall direct. And also to defer or
postpone the sale of such remaining lands and
premises or of any portion or portions thereof so
long as to the said corporation shall seem
expedient.
Power to corporation to lease unsold premises
It shall be lawful for the said corporation to
demise or let for the purposes of occupation
building repairing or improving or any purposes
whatsoever such of the said lands and premises as
shall not for the time being have been sold or any
portion or portions thereof for such terms of years
or for lives or for years determinable on lives or
for lives with or without a term or for any period
whatsoever at such rents with or without fine or
premium and generally upon such terms and in
such manner as the said corporation shall think fit
with power to enter into and to vary or rescind any
contract for any such demising or letting and to
apportion any rent reserved or agreed to be
reserved by or in any lease or letting or agreement
for a lease or letting. And all moneys received by
way of fine or premium in respect of any demise
or letting hereunder shall be deemed capital
moneys and dealt with as if the same were
proceeds of sale of such lands and premises.
Power to corporation to subdivide lands and make
streets etc.
It shall be lawful for the said corporation for the
purposes of advantageously selling demising or
letting any of the lands and premises comprised in
Schedule A hereto to subdivide the same into such
S. 4
amended by
No. 8387
s. 4(b),
repealed by
No. 8521 s. 2.
S. 5
amended by
No. 8387
s. 4(c).
s. 5
S. 6
amended by
No. 8387
s. 4(d).
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lots and make and reserve such streets right-of-
ways passages and easements through over or in
connection with the said lands and premises or
any portion or portions thereof as it shall think fit:
Provided always that the position direction length
width and level of any such street shall be first
approved of by the council of the said
municipality and after the construction of any
such street the said council shall at all times have
absolute control over the alignment levels
maintenance and general management thereof.
Capital or principal moneys not available for
maintenance etc.
All net moneys arising from the sale of any of the
lands and premises comprised in Schedule A
hereto or from any fine or premium received in
respect of any demising or letting hereunder shall
be deemed capital or principal moneys and shall
only be available for the purposes for which the
same are by this Act expressly declared available
and shall not nor shall any portion thereof under
any circumstances by anticipation or otherwise be
available for the general maintenance or current
expenses of the said asylum.
Investment of proceeds of sale of land at South
Melbourne
(1) All moneys invested under the provisions of this
Act shall be invested—
(a) in any manner in which trust moneys may be
invested by a trustee under the Trustee Act
1958 or any other Act; or
S. 7
repealed by
No. 8387
s. 4(a).
S. 8
amended by
No. 8387
s. 4(e).
s. 8
S. 9
substituted by
No. 8387 s. 3.
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(b) in the purchase or acquisition or
improvement of freehold land within
Victoria.
(2) The proceeds of the sale of any land or any
moneys derived from the sale of any investment
of any such proceeds shall not be invested except
in a manner approved by the Governor in Council.
10. Corporation's receipts to be valid
Every receipt in writing which shall be given by
the said corporation for any purchase or other
moneys payable under or by virtue of this Act
shall be an effectual discharge to the person to
whom the same shall be given for so much money
as shall in such receipt be expressed to be received
and no person paying any such money and taking
such receipt shall be bound to see to the
application of the money so paid or be answerable
for or affected by the loss non-application or
mis-application thereof.
s. 10
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SCHEDULES
SCHEDULE A
All that piece or parcel of land in the colony of Victoria containing eleven
acres and two roods or thereabouts situated in the county of Bourke borough
of Emerald Hill being section fourteen commencing at the intersection of the
southern side of Dorcas-street by the western side of Clarendon street
bounded thence by the last-named street bearing south twenty-eight degrees
east eleven chains fifty links thence by Park-street bearing south sixty-two
degrees west ten chains thence by Cecil-street bearing north twenty-eight
degrees west eleven chains fifty links and thence by the first-named street
bearing north sixty-two degrees east ten chains to the point of
commencement.
═══════════════
Sch. A
Sch. B
repealed by
No. 8387
s. 4(a).
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ENDNOTES
General Information
The Melbourne Orphan Asylum Sale Act 1875 was assented to on
19 October 1875 and came into operation on 19 October 1875.
Endnotes
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Melbourne Orphan Asylum Sale Act 1875
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2. Table of Amendments
This Version incorporates amendments made to the Melbourne Orphan
Asylum Sale Act 1875 by Acts and subordinate instruments.
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Melbourne Family Care Organization Act 1973, No. 8387/1973
Assent Date: 3.4.73
Commencement Date: 3.4.73
Current State: All of Act in operation
Melbourne Family Care Organization (Amendment) Act 1973, No. 8521/1973
Assent Date: 18.12.73
Commencement Date: 18.12.73
Current State: All of Act in operation
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Endnotes
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3. Explanatory Details
No entries at date of publication.
Endnotes