The Emerald Hill Town Hall Act 1876

An Act to enable the Emerald Hill Council to sell and purchase Land and to erect Municipal and other Buildings and for other purposes.

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 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 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 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:

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 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:

s. 1

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 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.

s. 2

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.

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.

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.

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 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.

s. 6

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.