Victorian Legislation and Parliamentary Documentsi
Version No. 001
Mooroopna Race-course Land Act 1901
Act No. 1739/1901
Version as at 7 August 2000
TABLE OF PROVISIONS
Section Page
Short title 2
Order in Council revoked 2
Crown grant revoked on land revested in Crown 2
Land described in Schedule may be sold by auction 2
Proceeds of sale to be paid to trustees 3
Provision as to misappropriation of proceeds 3
Power to remove trustees and appoint others 4
SCHEDULE 5
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ENDNOTES 6
General Information 6
Table of Amendments 7
Explanatory Details 8
Victorian Legislation and Parliamentary Documents1
Version No. 001
Mooroopna Race-course Land Act 1901
Act No. 1739/1901
Version as at 7 August 2000
An Act to authorize the Sale of the Mooroopna Race-course
Reserve and for other purposes.
Preamble
WHEREAS by an Order in Council dated the
nineteenth day of February One thousand eight
hundred and eighty-nine1 the land described in the
Schedule to this Act was reserved from sale
permanently as a site for a race-course and other
purposes of public recreation in the parish of
Mooroopna:
AND WHEREAS by deed poll bearing date the
twenty-second day of February One thousand eight
hundred and eighty-nine registered in the register-
book of the Office of Titles volume two thousand
one hundred and eighty-two folio four hundred and
thirty-six thousand three hundred and thirty-one
the Administrator of the Government in Council
did grant the said land unto Thomas Darcy, farmer,
John Hill, grazier, William Morrison Brown,
publican, Martin Cussen, auctioneer, and Matthew
Kilpatrick, farmer, all of Mooroopna (hereinafter
called the said trustees), for the said purposes:
AND WHEREAS the said land is not convenient
or suitable for the purposes for which the same was
granted and it is expedient that the said land should
be sold and that the money derived from the sale
thereof should be devoted to the purchase of other
land more convenient and suitable for such
purposes:
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AND WHEREAS the said trustees have in writing
consented to the sale of the land granted as
aforesaid:
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 Mooroopna Race-
course Land Act 1901.
Order in Council revoked
The Order in Council dated the nineteenth day of
February in the year One thousand eight hundred
and eighty-nine permanently reserving from sale
as a site for a race-course and other purposes of
public recreation the land described in the
Schedule to this Act is hereby revoked.
Crown grant revoked on land revested in Crown
The grant bearing date the twenty-second day of
February in the year One thousand eight hundred
and eighty-nine of the land described in the said
Schedule is hereby made void revoked and
annulled and the Registrar of Titles is hereby
authorized and directed to cancel the enrolment of
record thereof in the Office of Titles and the said
land is hereby revested in His Majesty freed and
discharged from all trusts limitations and
restrictions whatsoever.
Land described in Schedule may be sold by auction
Subject to such covenants conditions exceptions
and reservations as the Governor in Council may
direct the land described in the Schedule to this
Act may be sold in fee simple by public auction at
s. 1
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such upset price as the Governor in Council may
direct.
5. Proceeds of sale to be paid to trustees
When the said land is sold and the Board of Land
and Works receives from the purchaser the
amount of the value of the said land the Board
shall pay to the Commercial Bank a sum not
exceeding Two hundred and fifty pounds being an
amount advanced to the trustees and expended in
improvements on the said land and shall then
upon such terms and subject to such trusts as the
Governor in Council may approve pay the balance
to the said trustees upon trust for the purchase and
improvement of a site in allotment six, parish of
Mooroopna, for a race-course and other purposes
of public recreation and for no other purpose
whatsoever.
6. Provision as to misappropriation of proceeds
If any appropriation not authorized by this Act be
made of any moneys paid to or held in trust by the
said trustees or any trustee appointed as
hereinafter provided the trustees who have
consented to the misappropriation of such moneys
in addition to any criminal proceedings to which
they may be liable in respect thereof shall be
jointly and severally liable to refund the amount
of such appropriation together with interest
thereon and the same may in any court of
competent jurisdiction be recovered by the Board
of Land and Works from such trustees or any of
them as money lent to such trustees and may be
sued for by any person appointed in that behalf by
the said Board.
s. 5
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7. Power to remove trustees and appoint others
The Governor in Council may from time to time
as and when he shall think fit remove from the
said trusts any trustee whether appointed before or
under this Act and upon the death resignation or
removal of any trustee may appoint another in his
stead.
s. 7
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SCHEDULE
Land permanently reserved by Order of the 19th February, 1889, as a site for
a race-course and other purposes of public recreation, vide Government
Gazettes of the 18th January, 1889, page 178, and the 22nd February,
1889, page 687.
One hundred and sixty-five acres three roods thirty-two perches, county of
Rodney parish of Mooroopna, being allotment 171A:
Commencing at the north angle of the allotment; bounded thence by the
Ardpatrick pre-emptive section bearing S. 42º 49' E. sixty-six chains fifteen
links; thence by a line bearing S. 53º 18' W. eight chains eighty-six links;
thence by allotment 171 bearing S. 64º 4' W. thirty-one chains forty-six links;
and thence by roads bearing respectively N. 18º 22' W. fifty-six chains
eighty-one links and N. 31º 21' E. sixteen chains to the point of
commencement.
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Sections 2–4.
Sch.
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ENDNOTES
General Information
The Mooroopna Race-course Land Act 1901 was assented to on 8 October
1901 and came into operation on 8 October 1901.
Endnotes
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2. Table of Amendments
There are no amendments made to the Mooroopna Race-course Land Act
1901 by Acts and subordinate instruments.
Endnotes
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3. Explanatory Details
1 Preamble: Government Gazettes 18 January 1889 page 178, 19 February
1889 page 687.
Endnotes