Mooroopna Race-Course Land Act 1901

Version No. 001 Mooroopna Race-course Land Act 1901 Act No. 1739/1901 Version as at 7 August 2000

TABLE OF PROVISIONS

Section Page 1. Short title 2 2. Order in Council revoked 2 3. Crown grant revoked on land revested in Crown 2 4. Land described in Schedule may be sold by auction 2 5. Proceeds of sale to be paid to trustees 3 6. Provision as to misappropriation of proceeds 3 7. Power to remove trustees and appoint others 4 ______

SCHEDULE 5 ═══════════════

ENDNOTES 6 1. General Information 6 2. Table of Amendments 7 3. Explanatory Details 8

i Version No. 001 Mooroopna Race-course Land Act 1901 Act No. 1739/1901

Version as at 7 August 2000

An Act to authorize the Sale of the Mooroopna Race-course Reserve and for other purposes.

Preamble WHEREAS by an Order in Council dated the nineteenth day of February One thousand eight hundred and eighty-nine1 the land described in the Schedule to this Act was reserved from sale permanently as a site for a race-course and other purposes of public recreation in the parish of Mooroopna: AND WHEREAS by 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:

1 s. 1

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 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 This Act may be cited as the Mooroopna Race- course Land Act 1901. 2. Order in Council revoked 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. Crown grant revoked on land revested in Crown 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. Land described in Schedule may be sold by auction 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

2 s. 5

such upset price as the Governor in Council may direct. 5. Proceeds of sale to be paid to trustees When the said land is sold and the Board of Land and Works 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. 6. Provision as to misappropriation of proceeds If any appropriation not authorized by this Act be made of any 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 Board.

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7. Power to remove trustees and appoint others The Governor in Council may from time to time as and when he shall think fit remove from the said trusts any trustee whether appointed before or under this Act and upon the death resignation or removal of any trustee may appoint another in his stead. ______

4 Sch.

Sections 2–4. SCHEDULE

Land permanently reserved by Order of the 19th February, 1889, as a site for a race-course and other purposes of public recreation, vide Government Gazettes of the 18th January, 1889, page 178, and the 22nd February, 1889, page 687. One hundred and sixty-five acres three roods thirty-two perches, county of Rodney parish of Mooroopna, being allotment 171A: Commencing at the north angle of the allotment; bounded thence by the Ardpatrick pre-emptive section bearing S. 42º 49' E. sixty-six chains fifteen links; thence by a line bearing S. 53º 18' W. eight chains eighty-six links; thence by allotment 171 bearing S. 64º 4' W. thirty-one chains forty-six links; and thence by roads bearing respectively N. 18º 22' W. fifty-six chains eighty-one links and N. 31º 21' E. sixteen chains to the point of commencement. ═══════════════

5 Mooroopna Race-course Land Act 1901 Act No. 1739/1901 Endnotes

ENDNOTES 1. General Information The Mooroopna Race-course Land Act 1901 was assented to on 8 October 1901 and came into operation on 8 October 1901.

6 Mooroopna Race-course Land Act 1901 Endnotes Act No. 1739/1901

2. Table of Amendments There are no amendments made to the Mooroopna Race-course Land Act 1901 by Acts and subordinate instruments.

7 Mooroopna Race-course Land Act 1901 Act No. 1739/1901 Endnotes

3. Explanatory Details

8 1 Preamble: Government Gazettes 18 January 1889 page 178, 19 February 1889 page 687.