An Act for the purpose of altering the reservation of the Wangaratta Town Hall Site so far that reservation relates to Athenæum purposes. W as [8th October, 1901.] HEREAS by an Order in Council made on the first day of Preamble. February One thousand eight hundred and seventy His G.G. 1870 p. 252. Excellency the Governor in Council did reserve from sale permanently the land described in the Schedule to this Act for the extension of the Schedule. site for a Town Hall at Wangaratta on condition that an Athenæum should be erected on the same site, and did on the fourteenth day of March in the said year issue a Crown grant vesting the said land in the Vol. 377 fol. 75296. Mayor Councillors and Burgesses of the Borough of Wangaratta and their successors subject to the conditions reservations and exceptions therein mentioned and amongst others that the land thereby granted and the buildings for the time being thereon should be at all times thereafter maintained and used as and for a Town Hall and Athenæum and offices and conveniences connected therewith respectively and for no other purpose whatsoever: And whereas the said land is not required for the purpose of an Athenæum: And whereas the Mayor Councillors and Burgesses of the said borough have leased a portion of the said land to the Country Fire Brigades Board and the said Board has erected a Fire Brigade Station on such portion: And whereas it is expedient to validate the said lease and to revoke the said Order in Council and Crown grant so far only as relates to the reservation and vesting of the said Short title. Validation of lease granted by corporation. Schedule. Revocation of reservation and as relates to Athenæum. Schedule. said land for the purposes of an Athenæum: 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 Wangaratta Lands Act 1901. 2. The lease of a portion of the land described in the Schedule to this Act granted on the twenty-first day of January One thousand eight hundred and ninety-three by the Mayor Councillors and Burgesses of the Borough of Wangaratta to the Country Fire Brigades Board is hereby declared to be validated and of the same force and effect for all purposes as if power to grant the said lease were expressly contained in the Crown grant, but except as herein otherwise provided this section shall not vary or affect the conditions exceptions and reservations contained in the said Crown grant. 3. The said Order in Council of the first day of February One Crown grant so far thousand eight hundred and seventy by which the land described in the Schedule to this Act was reserved from sale permanently, and the said Crown grant dated the fourteenth day of March in the said year by which the said land was vested as aforesaid are hereby revoked so far only as relates to the permanent reservation and vesting of the said land for the purposes of an Athenæum, but in every other respect such Order and Crown grant respectively shall continue to have full force and effect. Sections 2 and 3. SCHEDULE. LAND ORDERED TO BE PERMANENTLY RESERVED AS A SITE FOR TOWN HALL AND ATHENÆUM PURPOSES VIDE ORDER IN COUNCIL OF THE 1ST FEBRUARY, 1870, AND "GOVERNMENT GAZETTE" OF THE 4TH FEBRUARY, 1870, Page 252. Three roods eight perches county of Moira, municipal district of Wangaratta, being allotments 1 and 2 of section 23: Commencing at the north angle of allotment 1 bounded thence by Ford-street bearing S. 50° 0′ E. four chains; thence by allotment 3 bearing S. 40° 0' W. two chains; thence by allotment 6 bearing N. 50° 0′ W. four chains; and thence by Ovens-street bearing N. 40° 0' E. two chains to the point of commencement. MELBOURNE: By Authority: ROBT. S. BRAIN, Government Printer. An Act to authorize the Sale of the Mooroopna [8th October, 1901.] WHEREAS by an Order in Council dated the nineteenth day of Preamble. February One thousand eight hundred and eighty-nine the land G. G. 1889 pp. 178 described in the Schedule to this Act was reserved from sale and 687. permanently as a site for a race-course and other purposes of public recreation in the parish of Mooroopna: And whereas by a deed poll bearing date the twenty-second day of February One thousand eight hundred and eighty-nine registered in the register-book of the Office of Titles volume two thousand one hundred and eighty-two folio four hundred and thirty-six thousand three hundred and thirty-one the Administrator of the Government in Council did grant the said land unto Thomas Darcy, farmer, John Hill, grazier, William Morrison Brown, publican, Martin Cussen, auctioneer, and Matthew Kilpatrick, farmer, all of Mooroopna (hereinafter called the said trustees), for the said purposes: And whereas the said land is not convenient or suitable for the purposes for which the same was granted and it is expedient that the said land should be sold and that the money derived from the sale thereof should be devoted to the purchase of other land more convenient and suitable for such purposes : And whereas the said trustees have in writing consented to the sale of the land granted as aforesaid: Be it therefore enacted by the King's Most Excellent Majesty Short title. Order in Council revoked. Schedule. Crown grant revoked on land revested in Crown. Schedule. Land described in Schedule may be sold by auction. Proceeds of sale to 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 Mooroopna Race-course Land Act 1901. 2. The Order in Council dated the nineteenth day of February in the year One thousand eight hundred and eighty-nine permanently reserving from sale as a site for a race-course and other purposes of public recreation the land described in the Schedule to this Act is hereby revoked. 3. The grant bearing date the twenty-second day of February in the year One thousand eight hundred and eighty-nine of the land described in the said Schedule is hereby made void revoked and annulled and the Registrar of Titles is hereby authorized and directed to cancel the enrolment of record thereof in the Office of Titles and the said land is hereby revested in His Majesty freed and discharged from all trusts limitations and restrictions whatsoever. 4. Subject to such covenants conditions exceptions and reservations as the Governor in Council may direct the land described in the Schedule to this Act may be sold in fee simple by public auction at such upset price as the Governor in Council may direct. 5. When the said land is sold and the Board of Land and Works be paid to trustees. receives from the purchaser the amount of the value of the said land the Board shall pay to the Commercial Bank a sum not exceeding Two hundred and fifty pounds being an amount advanced to the trustees and expended in improvements on the said land and shall then upon such terms and subject to such trusts as the Governor in Council may approve pay the balance to the said trustees upon trust for the purchase and improvement of a site in allotment six, parish of Mooroopna, for a race-course and other purposes of public recreation and for no other purpose whatsoever. Provision as to proceeds. See No. 1267 s. 9. 6. If any appropriation not authorized by this Act be made of any misappropriation of moneys paid to or held in trust by the said trustees or any trustee appointed as hereinafter provided the trustees who have consented to the misappropriation of such moneys in addition to any criminal proceedings to which they may be liable in respect thereof shall be jointly and severally liable to refund the amount of such appropriation together with interest thereon and the same may in any court of competent jurisdiction be recovered by the Board of Land and Works from such trustees or any of them as money lent to such trustees and may be sued for by any person appointed in that behalf by the said 7. The Board. |