Victorian Legislation and Parliamentary Documentsi
Version No. 001
The Emerald Hill Town Hall Act 1876
Act No. 547/1876
Version as at 14 February 2000
TABLE OF PROVISIONS
Section Page
Land vested in Trustees 6
Power to Trustees to convey to Corporation 7
Land in second schedule to vest in Corporation 7
The Corporation may hold by grant from the Crown lands in
third schedule 7
Corporation may sell and dispose of lands 7
Corporation may reserve streets 8
Receipts of Corporation to discharge purchasers 8
Proceeds to be applied to purchase of site and erection of
buildings 9
Corporation to submit plans to Board of Land and Works 9
Corporation to lease Mechanics' Institute to trustees 10
Victorian Legislation and Parliamentary Documents1
Version No. 001
The Emerald Hill Town Hall Act 1876
Act No. 547/1876
Version as at 14 February 2000
An Act to enable the Emerald Hill Council to sell and purchase
Land and to erect Municipal and other Buildings and for other
purposes.
Preamble
WHEREAS by a Deed Poll bearing date the
thirteenth day of January One thousand eight
hundred and sixty-two under the hand of Sir Henry
Barkly Knight Commander of the Most Honorable
Order of the Bath and Governor of the Colony of
Victoria with the seal of the said colony affixed
Her Majesty in order to provide a site for a
Mechanic's Institute for the instruction use and
convenience of the inhabitants for the time being
of the Municipal District of Emerald Hill did grant
unto the Honorable Robert Stirling Anderson the
Honorable James Service the Reverend Donald
Macdonald Harold Rayson Alfred Hughes John
Watson and George Doran and to their heirs and
assigns all that piece or parcel of land in the said
Deed mentioned and in the first schedule to this
Act annexed particularly mentioned and described
together with all the rights members' privileges and
appurtenances whatsoever to the same belonging
or in anywise appertaining subject nevertheless to
certain reservations therein specified to have and to
hold the said premises unto the said Robert Stirling
Anderson James Service Donald Macdonald
Harold Rayson Alfred Hughes John Watson and
George Doran their heirs and assigns subject to
certain conditions provisoes and declarations in the
said Deed mentioned and amongst others that the
said land thereby granted and the buildings for the
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time being thereon should be at all times thereafter
maintained and used as and for a Mechanic's
Institute and out-offices for the instruction use and
convenience of the inhabitants for the time being
of the Municipal District of Emerald Hill and other
persons resorting thereto under and in accordance
with such regulations as should from time to time
be made by the said persons and for no other
purpose whatsoever:
AND ALSO that if the said Robert Stirling
Anderson James Service Donald Macdonald
Harold Rayson Alfred Hughes John Watson and
George Doran or the survivors or survivor of them
or other the trustees or trustee for the time being of
the said premises should permit or suffer the same
or any part thereof to be used for or applied to any
other than the purpose aforesaid or should alienate
or attempt to alienate in fee simple or for any less
estate or interest the said premises or any part
thereof save and except under or in pursuance of
some law thereafter to be in force within the said
colony it should be lawful for Her Majesty in
manner in the said Deed 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 WHEREAS by another Deed Poll bearing
date the twenty-ninth day of March One thousand
eight hundred and sixty under the hand of Sir
Henry Barkly Knight Commander of the Most
Honorable Order of the Bath Captain-General and
Governor-in-Chief of the said colony with the Seal
of the said colony affixed Her Majesty in order to
provide a site or place for a building to be used as
and for a Town Hall for the use and convenience of
the members of the Council of the Municipal
District of Emerald Hill and the inhabitants of the
said Municipal District did grant unto the Council
of the Municipal District of Emerald Hill and to
their successors all that piece or parcel of land in
the said Deed Poll and in the second schedule
Preamble
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hereto annexed particularly mentioned and
described together with all the rights members'
privileges and appurtenances whatsoever to the
same belonging or appertaining subject
nevertheless to certain reservations and exceptions
therein specified to have and to hold the said land
and premises unto the Council of the Municipal
District of Emerald Hill and their successors
subject nevertheless to certain conditions provisoes
and declarations therein mentioned and amongst
others that the said land and premises and the
buildings which should for the time being be
erected thereupon should be at all times thereafter
set apart maintained and used by the said Council
as and for a Town Hall for the use and convenience
of the inhabitants of the said Municipal District
and for no other purpose whatsoever:
AND ALSO that if the said Municipal Council
should be dissolved or by any means become
extinct and be no longer existent or if the said
piece or parcel of land or any part thereof should
save and except in pursuance of some power or
authority thereafter to be given or conferred by an
Act of Parliament of the said colony or save and
except with the consent in writing of the Governor
for the time being of our said colony at any time
cease for the space of six months to be maintained
or used as or for the purpose aforesaid or if the said
Municipal Council or their successors should
permit or suffer the said land and buildings or any
part thereof respectively to be used and applied to
any purpose whatsoever or if the said Municipal
Council or their successors should alienate or
attempt to alienate in fee simple or for any less
estate or interest the said land and the buildings for
the time being thereon or any part thereof
respectively or should demise or lease the same or
any part thereof respectively or if the said
Municipal Council and their successors should not
at all times thereafter keep and maintain the said
land and building respectively in proper order or
repair it should be lawful for Her Majesty in
Preamble
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manner therein mentioned to re-enter upon the said
hereditaments and premises 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 WHEREAS the said Municipal Council in
the said Deed mentioned is now by operation of
law a Corporation known as and by the name of
the Mayor Councillors and Burgesses of the Town
of Emerald Hill (hereinafter called "the
Corporation"):
AND WHEREAS under the powers and provisions
of the Act of the Parliament of Victoria numbered
DX the Corporation has contracted to buy the lands
and premises comprised in Schedule B to that Act
annexed from the Corporation styled the
Melbourne Orphan Asylum which said lands and
premises are particularly described in the fourth
schedule to this Act annexed:
AND WHEREAS a scheme has been proposed by
the Corporation to erect and furnish in place of the
buildings now erected on the said land in the first
schedule hereto and used as and for a Mechanics'
Institute other suitable buildings upon the site so
contracted to be purchased as aforesaid within the
said Municipal District at the sole expense cost and
charges in every way of the Corporation and that
the same when completed to the satisfaction of the
trustees or the survivors or survivor of them in
whom the said land and premises is by this Act
vested should be by the Corporation demised and
leased to the trustees hereinafter mentioned who
should take and hold the same upon the same
conditions in every respect as the said site and
buildings firstly above described are now held by
the trustees in the said Deed firstly above recited
mentioned and upon such other terms and
conditions as hereinafter mentioned:
Preamble
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AND WHEREAS to enable the Corporation to
carry out the said proposed scheme it is advisable
that the said land and premises firstly above
mentioned should be vested in the trustees
hereinafter mentioned who should be authorized
and empowered to grant and convey to the
Corporation for an estate of inheritance in fee
simple the land in the said Deed Poll firstly above
mentioned and in the first schedule to this Act
freed and discharged from the conditions provisoes
and declarations in the said Deed Poll firstly above
mentioned:
AND WHEREAS in furtherance of the said
scheme it would be greatly to the advantage and
convenience of the inhabitants of the Town of
Emerald Hill that the Corporation should be
authorized and empowered to acquire purchase and
procure a site for the purpose of erecting a Police
Court Post Office and Telegraph Office together
with all necessary and convenient offices chambers
and appurtenances respectively thereto belonging
and to erect and build the same respectively upon
the said site for the use and convenience of the
Corporation and of the public generally:
AND WHEREAS the site so contracted to be
purchased as aforesaid is an advantageous site
upon which all the said buildings respectively
could be conveniently erected:
AND WHEREAS to enable the Corporation to
carry into effect the said scheme and to procure the
necessary funds for the purposes aforesaid it is
advisable to empower them to sell and dispose of
the said lands buildings and appurtenances
severally mentioned and described in the said
Deeds Poll firstly and secondly above mentioned
freed and discharged from the conditions provisoes
and declarations therein respectively contained:
AND ALSO of the lands mentioned and described
in the third schedule hereunto annexed and all
moneys and proceeds to arise by such sale together
with all other moneys raised or to be hereafter
Preamble
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raised under the provisions of the "Local
Government Act 1874" for the purpose of
carrying into effect the objects of this Act and all
moneys granted by way of subsidy or otherwise to
expend in and about the payment of the purchase
money of the said site and the erection and
furnishing of the said buildings respectively and
also in the erection of a Town Hall together with
all convenient chambers and offices connected
therewith upon the said site:
AND WHEREAS it is further proposed in and by
the said scheme that the Corporation should be
empowered after the completion of the said Police
Court Post Office and Telegraph Office
respectively with their appurtenances respectively
to lease the same respectively to the Government
of the said colony for a term of years upon
conditions approved of by the Board of Land and
Works:
AND WHEREAS it would be greatly to the
convenience of the inhabitants of the said Town of
Emerald Hill that the said scheme should be
carried into effect:
AND WHEREAS the trustees for the time being of
the said Mechanics' Institute have assented to the
same but the same cannot be carried out without
the sanction of Parliament:
BE IT THEREFORE ENACTED by the Queen's Most
Excellent Majesty by and with the advice and consent of the
Legislative Council and Legislative Assembly of Victoria in
this present Parliament assembled and by the authority of
the same as follows that is to say:
Land vested in Trustees
The land described in the first schedule hereto
shall be and the same hereby is vested in the
Honorable Robert Stirling Anderson the
Honorable James Service Donald Macdonald
s. 1
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Alfred Hughes and John Watson (hereafter called
the trustees) and their heirs for all the estate of the
said Robert Stirling Anderson James Service
Donald Macdonald Harold Rayson Alfred Hughes
John Watson and George Doran.
2. Power to Trustees to convey to Corporation
It shall be lawful for the trustees and they are
hereby authorized and empowered at any time
after the passing of this Act to convey to the
Corporation for an inheritance in fee simple freed
and discharged from the conditions provisions and
declarations contained in the said Deed Poll firstly
above recited the land and premises comprised in
the first schedule to this Act annexed.
3. Land in second schedule to vest in Corporation
The land and premises with their appurtenances
mentioned and described in the second schedule
hereto annexed shall from and after the passing of
this Act vest in the Corporation absolutely for an
estate of inheritance in fee simple freed and
discharged from the conditions provisoes and
declarations contained in the said Deed Poll
secondly above recited.
4. The Corporation may hold by grant from the
Crown lands in third schedule
It shall be lawful for Her Majesty to grant to the
Corporation and for the Corporation to hold by
grant from Her Majesty the lands described in the
third schedule hereto annexed.
5. Corporation may sell and dispose of lands
The Corporation may and is hereby authorized
and empowered at any time and from time to time
after the passing of this Act and after the same
have been respectively conveyed and transferred
to them to sell and convey all or any of the lands
mentioned in the first second and third schedules
s. 2
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hereto annexed together with all buildings and
erections thereon for such prices upon such terms
and subject to such conditions and reservations in
all respects as to the 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 duly
convey or transfer any property so sold to the
purchaser thereof or as such purchaser shall direct
and the Corporation shall have power also to defer
or postpone the sale of such lands and premises or
of any portion or portions thereof so long as to the
Corporation shall seem expedient.
6. Corporation may reserve streets
The Corporation for the purposes of
advantageously selling any of the lands and
premises comprised in the said first second and
third schedules hereto may subdivide the same
into such lots and make and reserve such streets
rights-of-ways passages and easements through
over or in connection with the said lands and
premises or any portion thereof as they shall think
fit.
7. Receipts of Corporation to discharge purchasers
The receipts of the Corporation for the purchase
money of any of the said lands shall be effectual
discharges to the purchaser thereof who shall be in
no manner concerned to see to the application of
the purchase money or any part thereof.
s. 6
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8. Proceeds to be applied to purchase of site and
erection of buildings
The Corporation shall apply the net proceeds of
sales hereby authorized together with all moneys
granted by way of subsidy or otherwise or raised
or to be raised under the provisions of the "Local
Government Act 1874" for the purpose of
carrying into effect the objects of this Act in and
towards the objects following and none others
(that is to say):
The payment of the costs charges and
expenses of the obtaining and passing of this
Act.
The purchase in fee simple of the lands and
premises mentioned and described in the
fourth schedule to this Act annexed and in
payment of the purchase money thereof.
The erection of a Town Hall Mechanic's
Institute Police Court Post Office and
Telegraph Office together with all
convenient offices chambers approaches and
appurtenances respectively thereto
belonging.
9. Corporation to submit plans to Board of Land and
Works
The Corporation shall previously to the erection
by them of the said Police Court Post Office and
Telegraph Office submit the plans for the same to
the Board of Land and Works for approval and
upon the same being approved of under the
Common Seal of the said Board the Corporation
may proceed to erect the same with all convenient
speed.
s. 8
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10. Corporation to lease Mechanics' Institute to trustees
Upon the completion to the satisfaction of the
trustees mentioned in the said first section of this
Act or the survivors or survivor of them by the
Corporation of the said Mechanics' Institute the
same shall be demised and leased by the
Corporation to the trustees the survivors and
survivor of them or other the trustees or trustee for
the time being appointed or to be appointed by the
Governor in manner as in the said Deed Poll
firstly above recited mentioned for a term of nine
hundred and ninety-nine years at a nominal rent of
one farthing per annum who shall take and hold
the same upon the trusts and subject to the like
conditions provisoes and declarations as the
trustees hereinbefore mentioned before the
passing of this Act held the said lands mentioned
in the said Deed Poll hereinbefore firstly above
recited and upon such other terms and subject to
such covenants and conditions as to re-entry and
otherwise as may be mutually agreed upon by and
between the Corporation and the trustees.
11. Power to lease buildings
Upon the completion by the Corporation of the
said Police Court Post Office and Telegraph
Office together with all convenient chambers and
appurtenances thereto belonging the same may by
the Corporation be demised or let on lease to the
Government of Victoria for such terms of years
and at such rents and subject to such conditions as
to re-entry and otherwise as may be mutually
agreed upon by and between the Corporation and
the Board of Land and Works.
s. 10
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12. Name of Act
This Act may be cited for all purposes as "The
Emerald Hill Town Hall Act".
s. 12
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SCHEDULES
FIRST SCHEDULE
All that piece or parcel of land in the colony of Victoria containing by
admeasurement two roods eleven perches be the same more or less situated in
the County of Bourke Parish of South Melbourne being portion of section ten
"Emerald Hill" commencing at the east angle of said section bounded by
Cecil-street bearing north twenty-eight degrees west two chains fifty links
thence by the police reserve bearing south sixty-two degrees west two chains
twenty-seven links and a half of a link thence by portion of the Town Hall
reserve bearing south twenty-eight degrees east two chains fifty links thence
by Dorcas-street bearing north sixty-two degrees east two chains twenty-
seven links and a half of a link to the point of commencement.
Sch. 1
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SECOND SCHEDULE
All that piece or parcel of land situate lying and being at Emerald Hill in the
Parish of South Melbourne and County of Bourke and Colony of Victoria
allotment C of section ten containing by admeasurement one acre and twenty-
one perches commencing at the north-east angle of the land being a point
bearing south sixty-two degrees west two hundred and twenty-seven links
and a half of a link from the north-east angle of section ten bounded on the
east by a line bearing south twenty-eight degrees east three hundred and
thirty feet to the north side of Dorcas-street bounded on the south by part of
the north side of Dorcas-street being a line bearing south sixty-two degrees
west one hundred and fifty feet thence on the west by a line bearing north
twenty-eight degrees west three hundred and thirty feet to the south side of
Coventry-street thence on the north by part of the south side of Coventry-
street being a line bearing north sixty-two degrees east one hundred and fifty
feet to the point of commencement.
Sch. 2
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THIRD SCHEDULE
All that piece or parcel of land situate lying and being at Emerald Hill in the
Parish of South Melbourne and County of Bourke and Colony of Victoria
part of section ten containing by admeasurement one acre and twenty-two
perches more or less commencing at a point on the northern boundary line of
said section ten being a point on the south side of Coventry-street bearing
south sixty-two degrees west four chains fifty-five links from the north-east
angle of said section and bearing further from said commencing point along
Coventry-street aforesaid south sixty-two degrees west two chains twenty-
eight links thence by other part of said section bearing south twenty-eight
degrees east five chains thence by Dorcas-street bearing north sixty-two
degrees east two chains twenty-eight links and thence by other part of said
section bearing north twenty-eight degrees west five chains to the point of
commencement.
And also all that piece or parcel of land in the Colony of Victoria containing
by admeasurement two roods and eleven perches be the same more or less
situated in the County of Bourke Parish of South Melbourne being portion of
section ten Emerald Hill commencing at the north-east angle of the said
section and bounded on the north by Coventry-street by a line bearing south
sixty-two degrees west two chains twenty-seven links and the half of a link
thence by portion of the Town Hall reserve bearing south twenty-eight
degrees east two chains fifty links thence by the Mechanics' reserve bearing
north sixty-two degrees east two chains twenty-seven links and the half of a
link and thence by Cecil-street bearing north twenty-eight degrees west two
chains fifty links to the point of commencement.
Sch. 3
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FOURTH SCHEDULE
All that piece or parcel of land in the Colony of Victoria situated in the
County of Bourke Borough of Emerald Hill being part of section fourteen
commencing at a point distant one hundred and five feet west from the
building line of the western side of Clarendon-street on the extension of
the building line of the northern side of Bank-street bounded thence by
the last named street bearing west seventy feet thence by a line parallel
with Clarendon-street bearing north two hundred and forty feet thence by
a line parallel with Bank-street bearing east seventy feet and thence by a
line parallel with Clarendon-street two hundred and forty feet to the point
of commencement.
All that piece or parcel of land situated as aforesaid commencing at a
point distant two hundred and twenty-nine feet six inches west from the
building line of the western side of Clarendon-street on the extension of
the building line of the northern side of Bank-street bounded thence by a
line parallel with Clarendon-street bearing north one hundred and seventy
feet thence by a line parallel with Dorcas-street bearing west two hundred
and two feet thence by a line parallel with Clarendon-street two hundred
and thirteen feet bearing south thence by a line parallel with Dorcas-street
bearing east two hundred and two feet thence by a line parallel with
Clarendon-street forty-three feet to the point of commencement.
All that piece or parcel of land situated as aforesaid commencing at a
point distant one hundred and five feet east from the building line of the
eastern side of Cecil-street on the extension of the building line of the
northern side of Bank-street bounded thence by a line parallel with Cecil-
street bearing north two hundred and forty feet thence by a line parallel
with Dorcas-street bearing east seventy feet thence by a line parallel with
Cecil-street bearing south two hundred and forty feet thence by a line
parallel with Dorcas-street seventy feet to the point of commencement.
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Sch. 4
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ENDNOTES
General Information
The Emerald Hill Town Hall Act 1876 was assented to on 2 November
1876 and came into operation on 2 November 1876.
Endnotes
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2. Table of Amendments
There are no amendments made to The Emerald Hill Town Hall Act 1876
by Acts and subordinate instruments.
Endnotes
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3. Explanatory Details
No entries at date of publication.
Endnotes