Version No. 001 Balaclava Methodist Church Land Act 1939 Act No. 4665/1939




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Version No. 001

Balaclava Methodist Church Land Act 1939

Act No. 4665/1939

Version incorporating amendments as at 8 August 2000


table of provisions

Section Page



1. Short title 2

2. Land in Schedule 2

__________________ 3

SCHEDULE 4

═══════════════ 4



ENDNOTES 5

1.General Information 5

2.Table of Amendments 6

3.Explanatory Details 7


Version No. 001

Balaclava Methodist Church Land Act 1939

Act No. 4665/1939

Version incorporating amendments as at 8 August 2000




An Act to enable the Trustees of certain Land at Balaclava in the City of St. Kilda held by them for the purposes of the Methodist Church of Australasia in Victoria to sell or otherwise deal with or dispose of the said Land, and for other purposes.
Preamble

WHEREAS by Crown grant dated the eighth day of September One thousand nine hundred and eleven and registered in the Office of Titles Volume 3537 Folium 707391 the land described in the Schedule to this Act, being the land described in the Second Schedule to the St. Kilda Land Act 1910, was granted pursuant to the said Act unto certain persons therein named their heirs and assigns for ever for the purposes of the Methodist Church of Australasia in Victoria:

AND WHEREAS the present trustees of the land described in the said Schedule desire to sell or otherwise deal with or dispose of the said land:

AND WHEREAS it is expedient to provide that notwithstanding anything in the St. Kilda Land Act 1910 or any other Act or enactment or in the hereinbefore recited Crown grant the present trustees of the said land shall be deemed to hold the land described in the said Schedule in fee simple without any restriction upon their powers of alienation thereof, and that the provision or condition of the said Crown grant requiring the trustees their heirs and assigns to hold the said land for ever for the purposes of the Methodist Church of Australasia in Victoria shall have no further force or effect, and that the present trustees shall be empowered to sell mortgage or otherwise deal with or dispose of the said land or any part thereof and to deal with the proceeds of any such sale mortgage dealing or disposal in accordance with the trusts contained in the Methodist Model Deed of Victoria:



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):

1. Short title



s. 1

This Act may be cited as the Balaclava Methodist Church Land Act 1939.

2. Land in Schedule

(1) Notwithstanding anything in the St. Kilda Land Act 1910 or any other Act or enactment or in the hereinbefore recited Crown grant dated the eighth day of September One thousand nine hundred and eleven—

(a) the present trustees of the land described in the Schedule to this Act shall be deemed to hold the said land in fee simple without any restriction upon their powers of alienation thereof;

(b) the provision or condition of the hereinbefore recited Crown grant requiring the persons therein named and their heirs and assigns to hold the said land for ever for the purposes of the Methodist Church of Australasia in Victoria shall have no further force or effect; and

(c) the present trustees of the said land may in accordance with the trusts contained in the Methodist Model Deed of Victoria sell mortgage or otherwise deal with or dispose of the said land or any part thereof.

(2) The proceeds of any such sale mortgage dealing or disposal shall be dealt with in accordance with the trusts contained in the said Methodist Model Deed of Victoria.

(3) Without limiting the effect of the foregoing provisions of this section, the words "for the purposes of the Methodist Church of Australasia in Victoria" in the hereinbefore recited Crown grant are hereby revoked made void and annulled.



s. 2

S. 2(4) substituted by No. 18/1989 s. 13(Sch. 2 item 6(a)).

(4) The Registrar of Titles must make any recordings in the Register that are necessary or expedient in consequence of this Act, and the holder of any relevant certificate of title must if requested to do so deliver it to the Registrar of Titles.

__________________



Preamble, section 2.

Sch. amended by No. 18/1989 s. 13(Sch. 2 item 6(b)).
SCHEDULE

Sch.

Land, being the land granted to trustees for the purposes of the Methodist Church of Australasia in Victoria by folio of the Register Volume 3537 Folium 707391, which is hereby vested in the present trustees thereof without restriction on alienation and which may be dealt with as provided in this Act.

County of Bourke, parish of Prahran, city of St. Kilda:

Commencing at the north-east angle of allotment 135 (Town Hall and Court House Reserve); bounded thence by that allotment bearing S. 0º 45´ E. one chain ninety-seven links and one half of a link; thence by a line bearing
S. 88º 38´ E. one chain and one tenth of a link; thence by the Methodist Church land bearing N. 0º 45´ W. two chains; and thence by Carlisle-street bearing S. 89º 58´ W. one chain to the point of commencement.

═══════════════

ENDNOTES



  1. Endnotes
    General Information

The Balaclava Methodist Church Land Act 1939 was assented to on 23 October 1939 and came into operation on 23 October 1939.

  1. Table of Amendments

This Version incorporates amendments made to the Balaclava Methodist Church Land Act 1939 by Acts and subordinate instruments.


Endnotes


–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––

Transfer of Land (Computer Register) Act 1989, No. 18/1989

Assent Date:

16.5.89

Commencement Date:

3.2.92: Government Gazette 18.12.91 p. 3488

Current State:

All of Act in operation

–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––


  1. Explanatory Details

No entries at date of publication.


Endnotes










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