Victorian Legislation and Parliamentary Documentsi
Version No. 001
Royal Society Land Act 1915
Act No. 2760/1915
Version as at 24 February 2003
TABLE OF PROVISIONS
Section Page
Short title 3
Power of trustees to borrow on mortgage and demise 3
Power to mortgage land 4
No power to re-enter under Crown grant by reason of exercise
of powers under this Act 4
Mortgage to be approved by Governor in Council 4
Provisions in mortgage 4
Crown Solicitor to have notice of intention to foreclose 5
Governor in Council to have power to intervene and prevent
sale or foreclosure 5
Provision as to misappropriation of funds 6
No liability to attach to the Crown 6
SCHEDULE 7
═══════════════
ENDNOTES 8
General Information 8
Table of Amendments 9
Explanatory Details 10
Victorian Legislation and Parliamentary Documents1
Version No. 001
Royal Society Land Act 1915
Act No. 2760/1915
Version as at 24 February 2003
An Act to authorize the Trustees of certain Land permanently
reserved from Sale as a Site for the use of the Royal Society of
Victoria to borrow upon the Security of the said Land and to
demise part of the said Land and to permit the temporary use of
certain Buildings on the said Land and for other purposes.
Preamble
WHEREAS by an Order in Council dated the
second day of April One thousand eight hundred
and eighty-three1 the land described in the
Schedule hereto was permanently reserved from
sale as a site for the use of the Royal Society of
Victoria:
AND WHEREAS by a Crown grant entered in the
Register Book of the Office of Titles volume 1471
folium 294133 and bearing date the second day of
April One thousand eight hundred and eighty-three
in order to provide a site for a hall for the use of
the Royal Society of Victoria and for other
scientific purposes there was granted unto His
Honour Sir William Foster Stawell, Robert Lewis
John Ellery, Edward John White, and William
Charles Kernot all of Melbourne and to their heirs
all that piece or parcel of land in the said Crown
grant and in the Schedule hereto particularly
mentioned and described together with all the
rights members privileges and appurtenances
whatsoever to the same belonging or in any wise
appertaining subject nevertheless to the
reservations and exceptions and to the conditions
provisions and declarations in the said grant
mentioned and among others that the land thereby
granted and the buildings for the time being
Victorian Legislation and Parliamentary DocumentsAct No. 2760/1915
Royal Society Land Act 1915
2
thereon should be at all times thereafter maintained
and used as and for a site for a hall for the use of
the Royal Society of Victoria and for other
scientific purposes and offices and conveniences
connected therewith and for no other purposes
whatsoever:
AND WHEREAS by such Crown grant provision
was made for the appointment of new trustees
upon the happening of certain events therein
mentioned:
AND WHEREAS the said Sir William Foster
Stawell, Robert Lewis John Ellery, Edward John
White, and William Charles Kernot are deceased
and in accordance with such provision Walter
Baldwin Spencer, C.M.G., Pietro Baracchi, and
Frank Wisewould all of Melbourne have been
appointed trustees of the said land:
AND WHEREAS the said trustees have under the
said Crown grant no power to borrow money upon
the security of the land so granted or to demise any
part of the said land or to permit for purposes other
than those specified in the said Crown grant the
use of any buildings on the said land:
AND WHEREAS the present trustees of the land
desire authority to borrow moneys from the
Commissioners of the State Savings Bank of
Victoria for the furtherance of the purposes
aforesaid upon the security of the said land and the
buildings thereon and to demise part of the said
land and to permit for purposes other than those
specified in the said Crown grant the temporary
use of the said buildings or any of them:
AND WHEREAS it is expedient to authorize the
said trustees to borrow the said moneys and to
demise part of the said land and from time to time
to permit such use of the said buildings or any of
them:
Preamble
Victorian Legislation and Parliamentary DocumentsAct No. 2760/1915
Royal Society Land Act 1915
3
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 Royal Society Land
Act 1915.
Power of trustees to borrow on mortgage and
demise
Notwithstanding anything in any Act or in the said
recited Crown grant the trustees for the time being
of the land described in the Schedule hereto are
hereby authorized—
(a) to borrow a sum or sums of money not
exceeding in the aggregate Three thousand
pounds from the Commissioners of the State
Savings Bank of Victoria who are hereby
empowered to lend such sum or sums for the
purpose of erecting suitable buildings for
effectuating the purposes for which the said
land was granted; and
(b) subject to the approval of the Governor in
Council to demise for such period as may be
approved as aforesaid any part of the said
land on which there are no buildings devoted
to the purposes for which the said land was
granted on a building improving or other
lease at the best rent obtainable for the
purpose of obtaining money to be expended
in effectuating the purposes for which the
said land was granted; and
(c) to permit from time to time and on such
terms and conditions as the trustees think fit
the temporary use of any buildings the
s. 1
Victorian Legislation and Parliamentary DocumentsAct No. 2760/1915
Royal Society Land Act 1915
4
property of the said Society erected on the
land the subject of the Crown grant
notwithstanding that such use is for purposes
other than those specified in the Crown
grant.
3. Power to mortgage land
In order to secure the repayment of the moneys so
borrowed the trustees may mortgage the said land.
4. No power to re-enter under Crown grant by reason
of exercise of powers under this Act
No mortgage or lease or permit pursuant to this
Act shall be deemed to enable or authorize the
Governor or other officer for the time being
administering the Government of Victoria to re-
enter upon the said land and to hold possess or
enjoy the same pursuant to any provision in the
said Crown grant authorizing such entry in the
event of alienation by the trustees of any interest
in the said land.
5. Mortgage to be approved by Governor in Council
No mortgage made pursuant to this Act shall be
registered under the Transfer of Land Act 1915
until approved by the Governor in Council, and
such approval shall be evidenced by an
indorsement signed by the Crown Solicitor to that
effect on the mortgage.
6. Provisions in mortgage
Any mortgage made pursuant to this Act shall
provide as follows, namely––
(a) that the principal moneys shall not be made
repayable within a shorter period than three
years from the date of the mortgage;
(b) that the rate of interest shall be the current
rate charged by the said Commissioners on
advances on residential or shop securities;
s. 3
Victorian Legislation and Parliamentary DocumentsAct No. 2760/1915
Royal Society Land Act 1915
5
(c) that any notice of default to be given under
section one hundred and forty-six of the
Transfer of Land Act 1915 shall not be
served until such default has continued for
one month, and that a copy of the notice of
default served under the said section on the
mortgagors or their transferees shall at the
same time be served by the mortgagee or its
transferee on the Crown Solicitor; and
(d) that until such default has continued for at
least three months after the service of such
notice the power to sell conferred by section
one hundred and forty-eight of the said Act
shall not be exercised by the mortgagee or its
transferee.
7. Crown Solicitor to have notice of intention to
foreclose
(1) A copy of any notice of intention to make an
application to the Commissioner of Titles for an
order for foreclosure served by the mortgagee or
its transferee under section one hundred and sixty-
one of the Transfer of Land Act 1915 on the
mortgagors or their transferees shall at the same
time be served by the mortgagee or its transferee
on the Crown Solicitor.
(2) The fact of such service shall be stated in such
application and verified by statutory declaration.
(3) No foreclosure order shall be made unless such
copy has been so served.
8. Governor in Council to have power to intervene and
prevent sale or foreclosure
At any time within one month after a copy of a
notice of default or within three months after a
copy of notice of intention to make application for
a foreclosure order has been served on the Crown
Solicitor as provided in this Act the Governor in
s. 7
Victorian Legislation and Parliamentary DocumentsAct No. 2760/1915
Royal Society Land Act 1915
6
Council shall have the right to pay to the
mortgagee or its transferee the principal and
interest and other moneys for the time being due
or owing upon any such mortgage and thereupon
the mortgagee or its transferee shall discharge
transfer or otherwise deal with such mortgage as
the Governor in Council directs.
9. Provision as to misappropriation of funds
If any appropriation not authorized by this Act is
made of any moneys paid to or held in trust by the
said trustees or any other persons pursuant to the
provisions of this Act any such trustees or any
such persons who knowingly misappropriate or
consent 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 a law
officer from such trustees or persons or any of
them as moneys lent to such trustees or persons
and may be sued for by any person appointed in
that behalf by a law officer.
10. No liability to attach to the Crown
Save as otherwise expressly provided in this Act
no person or body of persons (whether
incorporated or not) shall be entitled to receive or
shall receive from His Majesty any money or
consideration or compensation in respect of or in
any manner whatsoever arising out of any act
matter or thing under this Act.
s. 9
Victorian Legislation and Parliamentary DocumentsAct No. 2760/1915
Royal Society Land Act 1915
7
SCHEDULE
Land permanently reserved from sale as a Site for the use of the Royal
Society of Victoria vide Order in Council of the 2nd April, 1883, and
Government Gazette of the 2nd March, 1883, page 409, and 6th April,
1883, page 770.
All that piece or parcel of land containing by admeasurement three roods and
ten perches, more or less, being allotment one of section 25A, City of
Melbourne, Parish of North Melbourne, County of Bourke:
Commencing at the intersection of the south side of Victoria-street and the
north-west side of Latrobe-street; bounded thence by the latter street bearing
S. 62º W. six chains twenty-nine links and one-half of a link; thence by
Stephen-street bearing N. 11′ E. two chains ninety-three links; and thence by
Victoria-street aforesaid bearing N. 89º 44′ E. five chains fifty-five links to
the point of commencement.
═══════════════
Preamble,
section 2.
Sch.
Victorian Legislation and Parliamentary DocumentsAct No. 2760/1915
Royal Society Land Act 1915
8
ENDNOTES
General Information
The Royal Society Land Act 1915 was assented to on 22 September 1915
and came into operation on 22 September 1915.
Endnotes
Victorian Legislation and Parliamentary DocumentsAct No. 2760/1915
Royal Society Land Act 1915
9
2. Table of Amendments
There are no amendments made to the Royal Society Land Act 1915 by
Acts and subordinate instruments.
Endnotes
Victorian Legislation and Parliamentary DocumentsAct No. 2760/1915
Royal Society Land Act 1915
10
3. Explanatory Details
1 Preamble: Government Gazettes 2 March 1883 page 409, 6 April 1883
page 770.
Endnotes