Long title
An Act to convert the existing Trusts relating to the Scots' Church Properties into one General Trust.
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An Act to convert the existing Trusts relating to the Scots' Church Properties into one General Trust.
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 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":
s. 1
This Act shall be styled and may be cited as the Scots' Church Properties Act 1891.
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 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.
S. 3
amended by No. 18/1989 s. 13(Sch. 2 item 78(a)).
s. 3
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. 4
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.
S. 4A inserted by No. 87/2003 s. 4.
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-
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-
Volume 3166 folio 093;
Volume 3166 folio 094;
Volume 5294 folio 656;
Volume 5294 folio 657; and
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-
the land described in folio of the Register Volume 5294 folio 656 (excluding the lands coloured blue on the new plan); and
the land coloured red on the new plan; and
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.
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.
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. 5 amended by No. 87/2003 s. 5(1)(2) (ILA s. 39B(1)).
s. 5
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.
S. 5(2) inserted by No. 87/2003 s. 5(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. 6
amended by No. 18/1989 s. 13(Sch. 2 item 78(b)(i) (ii)).
s. 6
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.
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 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.
S. 8 inserted by No. 87/2003 s. 6.
s. 8
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.
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.
On the commencement of section 6 of the Scots' Church Properties (Amendment) Act 2003-
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
those roads cease to be roads; and
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.
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. 9 inserted by No. 87/2003 s. 6.
s. 9
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.
Sch.
amended by No. 18/1989 s. 13(Sch. 2 item 78(c)).
THE SCHEDULE
Sch.
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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