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WANGARATTA NEW DIOCESES ACT AMENDMENT ACT 1905 (WANGARATTA DIOCESE)

No. 3, 1905

[Editor’s Note: This Act is identical (save for “Wangaratta” instead of “Melbourne”) with Act No. 2, 1905 of the Melbourne Synod.]

AN ACT

TO AMEND THE NEW DIOCESES ACT 1901


WHEREAS it is desirable to amend the "New Dioceses Act 1901" BE it enacted by the Bishop the Clergy and the Laity of the Church of England within the Diocese of Wangaratta in Victoria duly met in Synod according to law as follows:-

Amendment of First schedule of New Dioceses Act 1901

1. The First Schedule to the "New Dioceses Act 1901" is hereby repealed and the First Schedule to this Act is hereby substituted therefor A description of the boundary lines of the Diocese of Melbourne as altered by the formation of the Dioceses of Bendigo Wangaratta and Gippsland is set out in the Second Schedule hereto.

Meaning of property

2. In Section 10 of the said New Dioceses Act the words "the property referred to in Clause 2 of the Second Schedule hereto" shall be held to mean the property defined and specified in the said Clause 2 of the said Schedule as altered by this Act.

Monies payable under The New Dioceses Act 1901

3. Anything to the contrary in Section 12 of the said "New Dioceses Act 1901" notwithstanding all moneys payable to any new Diocese under the provisions of that Act and of this Act shall be paid to the Bishop of Administrator of such Diocese to be applied by such Bishop of Administrator acting with the advice of the Council of his Diocese to such purposes as the Synod of such Diocese may from time to time direct and the receipt of such Bishop or Administrator shall be sufficient discharge for the same Provided that the sum of £800 out of the moneys so received shall be a first charge on each of the aforesaid amounts towards the income of the Bishop of each new Diocese respectively.

4. In Section 14 of the said "New Dioceses Act 1901" the words mutatis mutandis shall be inserted after the word "binding".

5. The Second Section of the Second Schedule of the said New Dioceses Act shall be repealed and the following shall be substituted:-

[Editor's Note: The substituted Second Section of the Second Schedule of the New Diocese Act 1901 (as amended) is that so printed in that Act: supra p. 220-1 and is not herein reprinted.]

Act of Victorian Parliament to be passed after the Synod of Dioceses have consented.

6. Upon the consent of the Dioceses of Bendigo Wangaratta and Gippsland being given to this Act by the Synods of such Dioceses application shall be made by the bishop in Council of the Diocese of Melbourne to Parliament to pass an Act substantially to the effect of the form set out in the Third Schedule hereto And the Fifth Section of this Act shall not come into operation until the passing of such Act of Parliament.

Restriction on revocation or alteration

7. This Act shall not be revoked or altered by the Synod of any one of the Dioceses of Melbourne Bendigo Wangaratta or Gippsland without the consent of each of the other three.

Citation
8. The Act may be cited as the New Dioceses Act Amendment Act 1905.

30

FIRST SCHEDULE

DESCRIPTION OF BOUNDARIES

[Editor's Note: These boundaries are those printed in the First Schedule to The New Dioceses Act 1901 (as amended) and are not herein reprinted : Supra p. 219-20]

SECOND SCHEDULE

BOUNDARIES OF THE DIOCESE OF MELBOURNE

Commencing at the estuary of Skene's Creek on Bass' Strait bounded thence northerly by the eastern boundary of the Diocese of Ballarat to the head of the Stony Hut Creek where it intersects the road from Blackwood to Bacchus Marsh thence by that road south-easterly to the western corner of Allotment 1 Section 7 Parish of Blackwood thence by the northern boundary of that allotment and its production bearing 60° 45' to the eastern boundary of the Parish of Blackwood thence north by that boundary to the Great Dividing Range to the west boundary of Allotment 142 Parish of Bylands thence south by a road to the south-west corner of Allotment 145 thence east by a road to the south-west corner of Allotment 40 thence south by a road to the south-west corner of Allotment 75 thence east by a road and Allotment S to the Broadhurst Creek thence north-easterly by that creek to the western boundary of Allotment 21 F Parish of Glenburnie thence easterly by the southern boundaries of Allotments 1 F and 21 E to the west boundary of Allotment 10 thence north-east and south by the boundaries of that Allotment and by the eastern boundaries of Allotments 11 12 16 and 17 to the Dry Creek thence easterly by the Dry Creek to a point north of the north-east corner of Allotment 162 A Parish of Bylands thence south by the eastern boundaries of that allotment and Allotments 162 and 164 to the Great Dividing Range thence easterly by the Great Dividing Range being the northern boundaries of the Counties of Bourke and Evelyn to the range dividing the head waters of the Thomson River from the head waters of the Yarra Yarra River thence south-easterly and westerly by the boundary of the County of Evelyn to the north-east corner of Allotment A2 Parish of Gembrook thence southerly by a road passing through Allotment A 2 and 114 along the western boundaries of allotments A2 20A 20E 87 87A 19 83B and 19A Parish of Gembrook and along the western boundaries of Allotments 17K 17N 170 5G and 5D Parish of Nar-Nar-Goon to a point north of the north-east corner of Allotment 5B thence southerly across a 3-chain road and by the east boundaries of Allotments 5B and 5A and by a chain road to the south-east corner of Allotment 95 thence easterly by a chain road to the west boundary of the Parish of Koo-Wee-Rup thence southerly by the western boundary of that parish to the western corner of Allotment 3A Parish of Yallock thence south-easterly by a chain road to the southern corner of the said allotment thence south-westerly by the boundary of the Parish of Yallock to a small creek being the western boundary of Allotment B thence southerly by that creek to Western Port Bay thence southerly by the eastern shore of Western Port Bay to Bass' Strait and thence westerly by Bass' Strait to Skene's Creek the point of commencement.

THIRD SCHEDULE

An Act to further alter the Trusts and Limitations in respect of portion of the Lands in the City of Melbourne generally known as St James' Church Lands and for other purposes.

Whereas certain Lands situate in the City of Melbourne are vested in the Church of England Trusts Corporation for the Diocese of Melbourne and such Lands are comprised in the Certificates of Title entered in the Register Book Volume 1330 Folio 265877 and Volume 1962 Folio 392256 and Volume 2710 Folio 541843 And whereas the purposes to which the proceeds of disposition of such Lands are to be applied are set out and declared in Orders in Council of the 4th day of January 1872 and the 23rd day of March 1874 and published in the Government Gazette of the 9th day of February 1872 and the 27th day of March 1874 and also in the "St James' Church Lands Act 1891" No. 1209 respectively And whereas since the passing of the said Act the Diocese of Melbourne has been subdivided and three new Dioceses have been formed viz. - the Diocese of Bendigo the Diocese of Wangaratta and the Diocese of Gippsland And whereas it is expedient that in regard to the portion of such Lands specified in the Schedule hereto the powers of disposition and the purposes to which the proceeds of disposition thereof should be applied should be altered as hereinafter provided.

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. This Act may be cited as the St James' Church Land Act 1905.

2. The Act of the Parliament of Victoria No. 1209 and Orders in Council of the 4th day of January 1872 and 2nd day of March 1874 shall from the date of the passing of this Act not apply to the Lands specified in the Schedule of this Act.

3. The powers of disposition of the said specified lands by the Church of England Trusts Corporation for the Diocese of Melbourne and the purposes for which the proceeds of disposition thereof are to be applied shall be set out in the Schedule hereto.

4. Any land now situated in any of the Dioceses of Bendigo Wangaratta or Gippsland but formerly situated in the Diocese of Melbourne and now held by the Church of England Trusts Corporation for the Diocese of Melbourne for the benefit of such last-mentioned Diocese is hereby vested in the Trusts Corporation of the Diocese in which such land is situated for the benefit of such Diocese and wherever in any powers of disposition or of application of the proceeds thereof in any Order in Council dealing with any such land the word "Melbourne" occurs there shall be substituted for it the same of the Diocese in which such land is situated.

SCHEDULE

1. All that piece or parcel of Land being part of Section 15 City of Melbourne Parish of North Melbourne County of Bourke commencing on the north side of Collins-street at its intersection with the west side of William-street and bounded on the south by Collins-street 230 feet on the west by Allotment 4 of said Section 132 feet on the north by a private lane of 20 feet wide 330 feet on the east by William-street 132 feet to the commencing point.

2. All that piece or parcel of Land being other part of section 15 City of Melbourne commencing at a point on the west side of William-street 152 feet north of Collins-street and bounded on the south by a private lane of 20 feet wide 90 feet on the west by other part of the said Section 32 feet 3 inches on the north by private lane from Little Collins-street 17 feet thence on the east by other part of the said Section bearing south 9 inches thence on the north by other part of the said Section 73 feet and on the east by William-street 31 feet 6 inches to the commencing point.

3. All that piece or parcel of Land being other part of said Section 15 City of Melbourne commencing at a point on the west side of William-street at its intersection with the south side of Little Collins-street bounded on the east by William-street 87 feet on the south side by other part of said Section 73 feet on the west by a private lane 17 feet wide 87 feet and on the north by Little Collins-street 73 feet to the commencing point.

4. All that piece or parcel of Land being other part of said Section 15 City of Melbourne commencing at the north-east corner of said Section and bounded on the east by William-street 313 feet 6 inches on the south by Little Collins-street 283 feet 9½ inches on the west by Church-street 156 feet 9 inches on the north by other part of the said Section 116 feet 9 inches again on the west by other part of the said Section 156 feet 9 inches and again on the north by Bourke-street 167 feet 0½ inch to commencing point."

Powers of Disposition

Power to lease (whether on building lease or otherwise) sell create easements reserve or close roads mortgage or exchange all or any part of the above described Lands and to erect buildings on any part thereof such powers to be exercised with the consent of the Bishop or Administrator of the Diocese of Melbourne for the time being acting under the advice of the Council of the Diocese Provided that no sale exchange mortgage or other security shall be made or given over the said property or any portion thereof without the consent in writing of the Trusts Corporation of each of the Dioceses of Bendigo Wangaratta and Gippsland but this proviso shall not apply to any mortgage or other security which may be given for the purpose of renewing or raising money to pay off wholly or in part the amount of the existing mortgage.

Purposes to which Proceeds of Disposition are to be applied.

1. As to capital moneys:-

(1) In paying off wholly or in part the amount of any Mortgage and

(2) To such purposes in accordance with this Act as may be determined upon from time to time by the Trusts Corporation of the Dioceses of Melbourne Bendigo Wangaratta and Gippsland acting under the direction of the Bishop in Council of each of the said Dioceses respectively.

2. As to all income moneys:-

To pay

(1) All interest rates taxes assessments repairs cost of collection and all other outgoings whatsoever in connection with the said property or the ownership thereof (2) One thousand one hundred pounds per annum to the Incumbent of the time being of the Ecclesiastical Parish of St James' Melbourne (which payment is a legal liability upon the said St James' property existing from the year 1883) (3) Two hundred and forty pounds per annum to the Clergy Provident Fund from the first day of January 1907 (4) And after the said first day of January 1907 to make provision for the payment of one thousand six hundred and forty-one pounds and twelve shillings to the said Fund before the end of the year 1925 with simple interest at the rate of 4 percent. per annum from the said first day of January 1907 (5) Then to pay sixteen and two-thirds per cent. per annum of the net income to the Bishop or Administrator of each of the Dioceses of Bendigo Wangaratta and Gippsland to be applied by him acting with the advice of the Council of his Diocese to such proposes as the Synod of his Diocese may from time to time direct The balance of the said net income shall be paid over to the Bishop or Administrator of the Diocese of Melbourne to be dealt with as income of the Consolidated Fund in accordance with the provisions of the "Church Funds Act 1878" of the Synod of the Church of England in the Diocese of Melbourne or any amendment thereof.

Passed: 19th December 1905

Assented to: the original copy in the Registry was signed by the Bishop presumably on 19th December 1905.

[Editor's Notes: 1. similar legislation to this was in that year passed by the Synods of the Dioceses of Bendigo and Gippsland and by the Synod of the Diocese of Melbourne being its Act No. 2, 1905.

2. The Act of the Victorian Parliament contemplated in Section 6 of this Act was duly passed as the St James' Church Land Act 1906, 6th Edward VII No. 2064]