Melbourne Orphan Asylum Sale Act 1875

An Act to enable the Melbourne Orphan Asylum Corporation to sell and otherwise deal with certain Land situate at Emerald Hill vested in such Corporation as a site for an Asylum for Orphan Children and for other purposes.

WHEREAS by a Deed Poll bearing date the twelfth day of January One thousand eight hundred and seventy-two under the hand of the Right Honorable John Henry Thomas Viscount Canterbury Knight Commander of the Most Honorable Order of the Bath Governor and Commander-in-Chief of the colony of Victoria with the seal of the said colony affixed Her Majesty in order to provide a site for an asylum for orphan children at Emerald Hill in the said colony did grant unto the Honorable Thomas Turner a'Beckett John Badcock Henry Cooke Samuel Mullen and William Hordern therein respectively described and to their heirs all that piece or parcel of land in the said Deed Poll and in Schedule A hereto annexed particularly mentioned and described together will all the rights incumbrances privileges and appurtenances whatsoever thereunto belonging or in anywise appertaining subject nevertheless to certain reservations therein specified to have and to hold the said land and premises unto the said Thomas Turner a'Beckett John Badcock Henry Cooke Samuel Mullen and William Hordern and to their heirs subject to certain conditions provisions and declarations therein mentioned and amongst others that the said land thereby granted and the buildings for the time being thereon should be at all times thereafter maintained and used as and for a site for an asylum for orphan children at Emerald Hill aforesaid and offices and conveniences connected therewith under and in accordance with such regulations as should from time to time be made by the person or persons and in the manner therein mentioned and for no other purpose whatsoever:

AND ALSO that if the said Thomas Turner a'Beckett John Badcock Henry Cooke Samuel Mullen and William Hordern or the survivors or survivor of them or other the trustees or trustee of the said land and premises should permit or suffer the said land and premises or any part thereof to be used for or applied to any other than the purpose aforesaid or to become out of proper order and repair or should alienate or attempt to alienate in fee simple or for any less estate or interest the said land and premises or any part thereof save and except under and in pursuance of some law thereafter to be in force in the said colony it should be lawful for Her Majesty in manner therein 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 BY SUCH DEED full provision was made for the appointment of new trustees upon the happening of certain events therein mentioned:

AND WHEREAS in accordance with such last-mentioned provision of the said Deed Poll John M'Cutcheon of Emerald Hill was duly appointed a trustee thereof in the place of the said John Badcock:

AND WHEREAS at the date of the Order in Council hereinafter recited the said Thomas Turner a'Beckett Henry Cooke Samuel Mullen William Hordern and John M'Cutcheon were the duly constituted trustees for the time being of and under the said Deed Poll and all and singular the said land and trust premises up to and at the date aforesaid continued and were vested in the said trustees subject only to the trusts of the said Deed Poll:

AND WHEREAS by an Order in Council dated the first day of March One thousand eight hundred and seventy-five made by the Governor in Council under the provisions in that behalf of the Act of the Parliament of Victoria 27 Victoria No. 220 the said charitable institution theretofore known as "The Melbourne Orphan Asylum" was duly declared and thereupon became and now is a body politic and corporate by the style and title of "The Melbourne Orphan Asylum" hereafter referred to as the said corporation having perpetual succession and a common seal and thereupon by virtue of the said Act No. 220 the said land and trust premises were transferred to and became and still are vested in the said corporation:

AND WHEREAS the land so granted as a site for the said asylum forms a considerable portion of the most central part of the Town of Emerald Hill and it has been found desirable in the interests of the inhabitants thereof and of the said asylum that such asylum should be removed to some other and less populous locality:

AND WHEREAS the said land is of considerable and increasing value for building purposes and the Municipality of Emerald Hill aforesaid has offered to purchase the portion thereof which is described in Schedule B hereto annexed together with the buildings thereon at and for the price of Twenty thousand pounds and to allow the said corporation sufficient time after the completion of such sale to procure and enter into occupation of suitable and sufficient freehold land and building accommodation for the purposes of the said asylum, in lieu of the land and premises so sold:

AND WHEREAS it appears that if the said corporation is authorized to sell such portion of the said land as aforesaid to the said municipality at the price and upon the terms abovementioned and to deal with the purchase-money thereof and with the remainder of the land comprised in the said Deed Poll in manner hereinafter provided it will enable it to procure such land and building accommodation and also to secure a permanent endowment for the said asylum and that thereby the public advantage and the interests of the said corporation will be greatly promoted:

s. 3

It shall be lawful for the said corporation and it is hereby authorized and empowered at any time or times with the consent of the Governor in Council to sell and convey the residue of the lands and premises comprised in Schedule A hereto for the time being remaining unsold or any portion or portions thereof for an estate in fee simple free from the conditions provisions and declarations of the said Deed Poll of the twelfth day of January One thousand eight hundred and seventy-two for such prices upon such terms and subject to such conditions and reservations in all respects as the said 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 to duly convey or transfer any property so sold to the purchaser thereof or as such purchaser shall direct. And also to defer or postpone the sale of such remaining lands and premises or of any portion or portions thereof so long as to the said corporation shall seem expedient.

S. 4

amended by No. 8387 s. 4(b), repealed by No. 8521 s. 2.

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S. 5

amended by No. 8387 s. 4(c).

s. 5

It shall be lawful for the said corporation to demise or let for the purposes of occupation building repairing or improving or any purposes whatsoever such of the said lands and premises as shall not for the time being have been sold or any portion or portions thereof for such terms of years or for lives or for years determinable on lives or for lives with or without a term or for any period whatsoever at such rents with or without fine or premium and generally upon such terms and in such manner as the said corporation shall think fit with power to enter into and to vary or rescind any contract for any such demising or letting and to apportion any rent reserved or agreed to be reserved by or in any lease or letting or agreement for a lease or letting. And all moneys received by way of fine or premium in respect of any demise or letting hereunder shall be deemed capital moneys and dealt with as if the same were proceeds of sale of such lands and premises.

S. 6

amended by No. 8387 s. 4(d).

It shall be lawful for the said corporation for the purposes of advantageously selling demising or letting any of the lands and premises comprised in Schedule A hereto to subdivide the same into such lots and make and reserve such streets right-of-ways passages and easements through over or in connection with the said lands and premises or any portion or portions thereof as it shall think fit:

Provided always that the position direction length width and level of any such street shall be first approved of by the council of the said municipality and after the construction of any such street the said council shall at all times have absolute control over the alignment levels maintenance and general management thereof.

S. 7

repealed by No. 8387 s. 4(a).

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S. 8

amended by No. 8387 s. 4(e).

s. 8

All net moneys arising from the sale of any of the lands and premises comprised in Schedule A hereto or from any fine or premium received in respect of any demising or letting hereunder shall be deemed capital or principal moneys and shall only be available for the purposes for which the same are by this Act expressly declared available and shall not nor shall any portion thereof under any circumstances by anticipation or otherwise be available for the general maintenance or current expenses of the said asylum.

S. 9

substituted by No. 8387 s. 3.

s. 10

Every receipt in writing which shall be given by the said corporation for any purchase or other moneys payable under or by virtue of this Act shall be an effectual discharge to the person to whom the same shall be given for so much money as shall in such receipt be expressed to be received and no person paying any such money and taking such receipt shall be bound to see to the application of the money so paid or be answerable for or affected by the loss non-application or mis-application thereof.

SCHEDULES

SCHEDULE A

All that piece or parcel of land in the colony of Victoria containing eleven acres and two roods or thereabouts situated in the county of Bourke borough of Emerald Hill being section fourteen commencing at the intersection of the southern side of Dorcas-street by the western side of Clarendon street bounded thence by the last-named street bearing south twenty-eight degrees east eleven chains fifty links thence by Park-street bearing south sixty-two degrees west ten chains thence by Cecil-street bearing north twenty-eight degrees west eleven chains fifty links and thence by the first-named street bearing north sixty-two degrees east ten chains to the point of commencement.

Sch. A

Sch. B repealed by No. 8387 s. 4(a).

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The Melbourne Orphan Asylum Sale Act 1875 was assented to on 19 October 1875 and came into operation on 19 October 1875.

This Version incorporates amendments made to the Melbourne Orphan Asylum Sale Act 1875 by Acts and subordinate instruments.

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Melbourne Family Care Organization Act 1973, No. 8387/1973

Assent Date: 3.4.73

Commencement Date: 3.4.73

Current State: All of Act in operation

Melbourne Family Care Organization (Amendment) Act 1973, No. 8521/1973

Assent Date: 18.12.73

Commencement Date: 18.12.73

Current State: All of Act in operation

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