Victorian Legislation and Parliamentary Documentsi
Version No. 003
Scots' Church Properties Act 1891
Act No. 1214/1891
Version incorporating amendments as at 12 November 2003
TABLE OF PROVISIONS
Section Page
Short title 2
Revocation of trusts etc. contained in certain Crown grants
and in the statements of trust gazetted in 1873 and 1877 2
Lands described in Schedule to vest in trustees subject to
existing encumbrances and recordings to be made in Register
upon their request in writing 3
Trusts upon which said lands to be held 4
4A. Variations to the Scots' Church trust deed 4
Trust deed to be enrolled by Registrar-General and may be
inspected 5
Lands to vest in new trustee or trustees without conveyance or
transfer upon the trusts etc. in trust deed and recordings to be
made on folio of Register 6
Ratification of former acts deeds etc. of trustees 6
Right of carriageway extinguished 7
Duties of Registrar 8
THE SCHEDULE 9
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ENDNOTES 10
General Information 10
Table of Amendments 11
Explanatory Details 12
Victorian Legislation and Parliamentary Documents1
Version No. 003
Scots' Church Properties Act 1891
Act No. 1214/1891
Version incorporating amendments as at 12 November 2003
An Act to convert the existing Trusts relating to the Scots'
Church Properties into one General Trust.
Preamble
WHEREAS under and by virtue of certain Crown
grants and certificates of title the several pieces or
parcels of land described in the Schedule hereto are
subject to certain mortgages leases easements and
encumbrances vested in trustees for the
congregation of the Presbyterian Church of
Victoria known as "The Scots' Church"
Melbourne, and such lands are respectively held by
such trustees upon certain trusts and for certain
purposes set forth in the several Crown grants
relating thereto respectively and with and subject
to certain powers authorities provisions and
restrictions contained in two statements of trust
respectively submitted to and allowed by His
Excellency Sir George Ferguson Bowen Governor
of the colony of Victoria and by His Excellency Sir
William Foster Stawell the officer administering
the Government of the said colony under the
provisions of the Act No. 391 to provide for the
Abolition of State Aid to Religion:
AND WHEREAS it is considered expedient to
annul the trusts purposes powers authorities
provisions and restrictions contained in the said
Crown grants and statements of trust relating to the
said pieces or parcels of land respectively and to
vest the said lands in one body of trustees for the
members and adherents for the time being of the
congregation of the Presbyterian Church of
Victoria known as The Scots' Church Melbourne
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Scots' Church Properties Act 1891
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and hereinafter called "the said congregation" upon
the trusts to and for the ends intents and purposes
and with and subject to the powers authorities
provisions and restrictions contained in a deed of
trust under the respective hands and seals of Robert
Simson, James Aitken, Archibald Fisken, William
Taylor and Charles Guthrie dated the twenty-third
day of June one thousand eight hundred and
ninety-one and deposited in the office of the
Registrar-General and which is to be enrolled and
retained under the provisions of this Act in the
office of the Registrar-General of the colony of
Victoria and hereinafter called "The Scots' Church
Trust Deed":
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):
Short title
This Act shall be styled and may be cited as the
Scots' Church Properties Act 1891.
Revocation of trusts etc. contained in certain Crown
grants and in the statements of trust gazetted in
1873 and 1877
All and singular the trusts purposes powers
authorities and restrictions contained in the
several Crown grants of the lands and
hereditaments described in the Schedule hereto
and in the statement of trust approved by His
Excellency Sir George Ferguson Bowen Governor
of Victoria on the sixteenth day of July one
thousand eight hundred and seventy-seven and
published in the Government Gazette on the
twentieth day of July one thousand eight hundred
and seventy-seven under the provisions of the Act
s. 1
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No. 391 to Abolish State Aid to Religion and in
the statement of trust approved by His Excellency
Sir William Foster Stawell the officer
administering the Government of the colony of
Victoria on the third day of March One thousand
eight hundred and seventy-three and published in
the Government Gazette on the fourteenth day of
March one thousand eight hundred and seventy-
three under the provisions of the said Act shall be
and the same are hereby revoked and annulled.
3. Lands described in Schedule to vest in trustees
subject to existing encumbrances and recordings to
be made in Register upon their request in writing
The said lands and hereditaments described in the
Schedule hereto shall be and the same are hereby
without further conveyance or transfer vested in
Robert Simson of Toorak-road Toorak Esquire,
James Aitken of Bourke-street Melbourne
Esquire, Archibald Fisken of Collins-street
Melbourne Esquire, William Taylor of Grey-street
East Melbourne Esquire, and Charles Guthrie of
Collins-street Melbourne banker, as joint tenants
for an estate of fee-simple in possession as
trustees for the said congregation subject
nevertheless to the various mortgages charges
leases easements and encumbrances of whatsoever
kind or nature affecting the same lands and
hereditaments or any of them or any part or parts
thereof at the date of the passing of this Act and
the Registrar of Titles must make any recordings
in the Register kept under the Transfer of Land
Act 1958 that are necessary to give effect to the
transfer of to the said lands or any of them or any
part or parts thereof to the said Robert Simson,
James Aitken, Archibald Fisken, William Taylor,
and Charles Guthrie upon their requiring the same
by writing under their hands.
S. 3
amended by
No. 18/1989
s. 13(Sch. 2
item 78(a)).
s. 3
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Scots' Church Properties Act 1891
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4. Trusts upon which said lands to be held
The said lands and hereditaments shall be held by
the said Robert Simson, James Aitken, Archibald
Fisken, William Taylor and Charles Guthrie or
other the trustees or trustee for the time being of
the said congregation to be appointed under the
provisions of the Scots' Church trust deed
(hereinafter called the said trustees) upon the
trusts to and for the ends intents and purposes and
with and subject to the powers authorities
provisoes declarations and restrictions contained
in the Scots' Church trust deed of or concerning
the same.
4A. Variations to the Scots' Church trust deed
(1) On and from the commencement of section 4 of
the Scots' Church Properties (Amendment) Act
2003 the Scots' Church trust deed has effect
subject to the following variations—
(a) any reference in the trust deed to the lands
and hereditaments described in the Schedule
to the trust deed is deemed to be a reference
to the lands described in the following folios
of the Register—
(i) Volume 3166 folio 093;
(ii) Volume 3166 folio 094;
(iii) Volume 5294 folio 656;
(iv) Volume 5294 folio 657; and
(b) any reference in the trust deed to the church
site or to any land described as the church
site is deemed to be a reference to—
(i) the land described in folio of the
Register Volume 5294 folio 656
(excluding the lands coloured blue on
the new plan); and
s. 4
S. 4A
inserted by
No. 87/2003
s. 4.
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(ii) the land coloured red on the new plan;
and
(c) the powers conferred on the trustees or
trustee to demise lands and to grant renewals
of leases of lands apply as if the words "not
exceeding fifty years" and "not exceeding
the period aforesaid" were omitted.
(2) On and from the commencement of section 4 of
the Scots' Church Properties (Amendment) Act
2003 any reference in section 4 of this Act to the
Scots' Church trust deed is to be construed as a
reference to that deed as varied by this section.
(3) In this section "new plan" means the plan
numbered LEGL 03./107 and lodged in the
Central Plan Office maintained under the Survey
Co-ordination Act 1958.
5. Trust deed to be enrolled by Registrar-General and
may be inspected
(1) It shall be lawful for the said trustees to lodge the
Scots' Church trust deed with the Registrar-
General for the purpose of enrolment and the
Registrar-General shall thereupon enrol the same
with all convenient speed and shall thereafter
retain the said deed in his office and it shall be
lawful for any person upon payment of the
relevant fees to inspect the said deed at the said
office at all reasonable hours and to make copies
thereof or extracts therefrom.
(2) In this section "relevant fees" means the fees for
the time being payable under section 16 of the
Property Law Act 1958 for inspecting deeds
deposited under section 15 of that Act and making
copies of them.
S. 5
amended by
No. 87/2003
s. 5(1)(2) (ILA
s. 39B(1)).
s. 5
S. 5(2)
inserted by
No. 87/2003
s. 5(2).
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6. Lands to vest in new trustee or trustees without
conveyance or transfer upon the trusts etc. in trust
deed and recordings to be made on folio of Register
Upon the appointment of any new trustee or
trustees under the power in that behalf contained
in the Scots' Church trust deed all the lands and
hereditaments for the time being subject to the
trusts of the said deed shall forthwith and without
any conveyance or transfer vest in such new
trustee or trustees either solely or jointly with the
surviving or continuing trustees or trustee (as the
case may be) for all the estate and interest of the
previous trustees or trustee therein upon the trusts
and with and subject to the powers authorities
provisoes declarations and restrictions contained
in the said deed or to such of them as shall be
subsisting or capable of taking effect and such
trustees or trustee shall be entitled to be registered
at the office of titles as proprietors or proprietor of
such lands and hereditaments under the provisions
of the Transfer of Land Act 1958 without any
formal transfer and to have any necessary
recordings made on the relevant folio of the
Register subject nevertheless to any subsisting
mortgages charges leases easements and
encumbrances affecting such lands and
hereditaments or any part or parts thereof.
7. Ratification of former acts deeds etc. of trustees
Every act matter and thing done every contract
and agreement entered into every instrument made
and every exercise of any actual or alleged power
or authority by any trustees or trustee in whom the
lands and hereditaments described in the Schedule
hereto or any of them shall at any time heretofore
have been vested for any estate or interest therein
in their or his capacity or alleged capacity as such
trustees or trustee are hereby ratified confirmed
and validated and each and every such trustee his
S. 6
amended by
No. 18/1989
s. 13(Sch. 2
item 78(b)(i)
(ii)).
s. 6
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heirs executors administrators estates and effects
is and are hereby absolutely freed and for ever
discharged from all liability for or in respect of the
same.
8. Right of carriageway extinguished
(1) On and from the commencement of section 6 of
the Scots' Church Properties (Amendment) Act
2003 the Scots' Church trust deed has effect as if
any reference to a right of carriage way over the
roads coloured brown on the plan in the trust deed
were omitted.
(2) On and from the commencement of section 6 of
the Scots' Church Properties (Amendment) Act
2003 any reference in section 4 of this Act to the
Scots' Church trust deed is to be construed as a
reference to that deed as varied by this section.
(3) On the commencement of section 6 of the Scots'
Church Properties (Amendment) Act 2003—
(a) the rights of carriageway over the roads
coloured brown on the plan in the trust deed
and over the roads on the lands coloured
brown and coloured red on the new plan are
extinguished; and
(b) those roads cease to be roads; and
(c) all rights, easements and privileges existing
or claimed in the roads either in the public or
by any body or person as incident to any
express or implied grant, or past dedication
or supposed dedication or by user or
operation of law or otherwise, cease.
(4) In this section "new plan" means the plan
numbered LEGL 03./107 and lodged in the
Central Plan Office maintained under the Survey
Co-ordination Act 1958.
S. 8
inserted by
No. 87/2003
s. 6.
s. 8
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9. Duties of Registrar
The Registrar of Titles, on production of the
relevant certificates of title, must make any
recordings in the Register that are necessary to
give effect to section 8.
S. 9
inserted by
No. 87/2003
s. 6.
s. 9
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THE SCHEDULE
All that piece of land containing one acre one rood and twenty-eight perches
or thereabouts being Crown allotments 7, 8, and 9, section 11, city and parish
of Melbourne, county of Bourke, and being the land particularly described in
the folio of the Register volume 1529, folio 305 649.
And also all that piece of land containing one rood and thirty-six perches or
thereabouts being Crown allotment 6, section 11, city of Melbourne, parish of
North Melbourne, county of Bourke, and being the land particularly
described in the folio of the Register volume 1521, folio 304 137.
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Sch.
amended by
No. 18/1989
s. 13(Sch. 2
item 78(c)).
Sch.
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ENDNOTES
General Information
The Scots' Church Properties Act 1891 was assented to on 2 November
1891 and came into operation on 2 November 1891.
Endnotes
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2. Table of Amendments
This Version incorporates amendments made to the Scots' Church
Properties Act 1891 by Acts and subordinate instruments.
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Transfer of Land (Computer Register) Act 1989, No. 18/1989
Assent Date: 16.5.89
Commencement Date: 3.2.92: Government Gazette 18.12.91 p. 3488
Current State: All of Act in operation
Scots' Church Properties (Amendment) Act 2003, No. 87/2003
Assent Date: 11.11.03
Commencement Date: Ss 5, 6 on 11.11.03: s. 2(1); s. 4 on 12.11.03: s. 2(2)
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