Victorian Legislation and Parliamentary Documentsi
Version No. 001
St. James' Church Land Act 1906
Act No. 2064/1906
Version as at 3 March 2003
TABLE OF PROVISIONS
Section Page
Short title 2
Application of Acts and Orders 2
Powers of disposition 2
Vesting of certain lands in Trust corporation of local diocese 2
SCHEDULE 4
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ENDNOTES 7
General Information 7
Table of Amendments 8
Explanatory Details 9
Victorian Legislation and Parliamentary Documents1
Version No. 001
St. James' Church Land Act 1906
Act No. 2064/1906
Version as at 3 March 2003
An Act to further alter the Trusts and Limitations in respect of
portion of the Lands in the City of Melbourne generally known
as St. James' Church Lands and for other purposes.
Preamble
WHEREAS certain lands situate in the City of
Melbourne are vested in the Church of England
Trusts Corporation for the Diocese of Melbourne
and such lands are comprised in the Certificates of
Title entered in the Register-book volume 1330
folio 265877 and volume 1962 folio 392256 and
volume 2710 folio 541843:
AND WHEREAS the purposes to which the
proceeds of disposition of such lands are to be
applied are set out and declared in Orders in
Council of the fourth day of January One thousand
eight hundred and seventy-two and the twenty-
third day of March One thousand eight hundred
and seventy-four and published in the Government
Gazette of the ninth day of February One thousand
eight hundred and seventy-two and twenty-seventh
day of March One thousand eight hundred and
seventy-four and also in the St. James' Church
Lands Act 1891 No. 1209 respectively:
AND WHEREAS since the passing of the said Act
the Diocese of Melbourne has been subdivided and
three new Dioceses have been formed viz.:—the
Diocese of Bendigo the Diocese of Wangaratta and
the Diocese of Gippsland:
AND WHEREAS it is expedient that in regard to
the portion of such lands specified in the Schedule
hereto the powers of disposition and the purposes
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St. James' Church Land Act 1906
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to which the proceeds of disposition thereof should
be applied should be altered as hereinafter
provided:
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 St. James' Church
Land Act 1906.
Application of Acts and Orders
The Act of the Parliament of Victoria No. 1209
and the Orders in Council of the fourth day of
January One thousand eight hundred and seventy-
two and twenty-third day of March One thousand
eight hundred and seventy-four shall from the date
of the passing of this Act not apply to the lands
specified in the Schedule to this Act.
Section 1 - St. James' Church Land Act 1906 - St. James' Church Land Act 1906 | Zoe
Powers of disposition
The powers of disposition of the said specified
lands by the Church of England Trusts
Corporation for the Diocese of Melbourne and the
purposes for which the proceeds of disposition
thereof are to be applied shall be set out in the
Schedule hereto.
Vesting of certain lands in Trust corporation of local
diocese
Any land now situated in any of the Dioceses of
Bendigo Wangaratta or Gippsland but formerly
situated in the Diocese of Melbourne and now
held by the Church of England Trusts Corporation
for the Diocese of Melbourne for the benefit of
such last-mentioned Diocese is hereby vested in
s. 1
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the Trusts Corporation of the Diocese in which
such land is situated for the benefit of such
Diocese and wherever in any powers of
disposition or of application of the proceeds
thereof in any Order in Council dealing with any
such land the word Melbourne occurs there shall
be substituted for it the name of the Diocese in
which such land is situated.
s. 4
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SCHEDULE
All that piece or parcel of land being part of section fifteen city of
Melbourne parish of North Melbourne county of Bourke commencing
on the north side of Collins-street at its intersection with the west side
of William-street and bounded on the south by Collins-street three
hundred and thirty feet on the west by allotment 4 of said section one
hundred and thirty-two feet on the north by a private lane of twenty
feet wide three hundred and thirty feet on the east by William-street
one hundred and thirty-two feet to the commencing point.
All that piece or parcel of land being other part of said section fifteen
city of Melbourne commencing at a point on the west side of William-
street one hundred and fifty-two feet north of Collins-street and
bounded on the south by a private lane of twenty feet wide ninety feet
on the west by other part of the said section thirty-two feet three
inches on the north by private lane from Little Collins-street seventeen
feet thence on the east by other part of the said section bearing south
nine inches thence on the north by other part of said section seventy-
three feet and on the east by William-street thirty-one feet six inches
to the commencing point.
All that piece or parcel of land being other part of said section fifteen
city of Melbourne commencing at a point on the west side of William-
street at its intersection with the south side of Little Collins-street
bounded on the east by William-street eighty-seven feet on the south
by other part of said section seventy-three feet on the west by a private
lane seventeen feet wide eighty-seven feet and on the north by Little
Collins-street seventy-three feet to the commencing point.
All that piece or parcel of land being other part of said section fifteen
city of Melbourne commencing at the north-east corner of said section
and bounded on the east by William-street three hundred and thirteen
feet six inches on the south by Little Collin-street two hundred and
eighty-three feet nine and a half inches on the west by Church-street
one hundred and fifty-six feet nine inches on the north by other part of
the said section one hundred and sixteen feet nine inches again on the
west by other part of the said section one hundred and fifty-six feet
nine inches and again on the north by Bourke-street one hundred and
sixty-seven feet and half-an-inch to the commencing point.
Powers of Disposition
Power to lease (whether on building lease or otherwise) sell create
easements reserve or close roads mortgage or exchange all or any
parts of the above-described lands and to erect buildings on any part
thereof such powers to be exercised with the consent of the Bishop or
Sections 2, 3.
Sch.
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Administrator of the Diocese of Melbourne for the time being acting
under the advice of the Council of the Diocese. Provided that no sale
exchange mortgage or other security shall be made or given over the
said property or any portion thereof without the consent in writing of
the Trusts Corporation of each of the Dioceses of Bendigo Wangaratta
and Gippsland but this proviso shall not apply to any mortgage or
other security which may be given for the purpose of renewing or
raising money to pay off wholly or in part the amount of the existing
mortgage.
Purposes to which Proceeds of Disposition are to be Applied
As to capital moneys—
(1) In paying off wholly or in part the amount of any mortgage;
and
(2) To such purposes in accordance with this Act as may be
determined upon from time to time by the Trusts
Corporations of the Diocese of Melbourne Bendigo
Wangaratta and Gippsland acting under the direction of the
Bishop in Council of each of the said Dioceses respectively.
As to all income moneys—
To pay—
(1) All interest rates taxes assessments repairs cost of collection
and all other outgoings whatsoever in connexion with the
said property or the ownership thereof;
(2) One thousand one hundred pounds per annum to the
Incumbent for the time being of the Ecclesiastical Parish of
St. James' Melbourne (which payment is a legal liability
upon the said St. James' property existing from the year One
thousand eight hundred and eighty-three);
(3) Two hundred and forty pounds per annum to the Clergy
Provident Fund from the first day of January One thousand
nine hundred and seven;
(4) And after the said first day of January One thousand nine
hundred and seven to make provision for the payment of
One thousand six hundred and forty-one pounds and twelve
shillings to the said fund before the end of the year One
thousand nine hundred and twenty-five with simple interest
at the rate of four per cent. per annum from the said first day
of January One thousand nine hundred and seven;
Sch.
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(5) Then to pay sixteen and two-thirds per cent. per annum of
the net income to the Bishop or Administrator of each of the
Dioceses of Bendigo Wangaratta and Gippsland to be
applied by him acting with the advice of the Council of his
Diocese to such purposes as the Synod of his Diocese may
from time to time direct. The balance of the said net income
shall be paid over to the Bishop or Administrator of the
Diocese of Melbourne to be dealt with as income of the
Consolidated Fund in accordance with the provisions of the
Church Funds Act 1878 of the Synod of the Church of
England in the Diocese of Melbourne or any amendment
thereof.
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ENDNOTES
General Information
The St. James' Church Land Act 1906 was assented to on 28 December
1906 and came into operation on 28 December 1906.
Endnotes
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2. Table of Amendments
There are no amendments made to the St. James' Church Land Act 1906 by
Acts and subordinate instruments.
Endnotes
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3. Explanatory Details
No entries at date of publication.
Endnotes