No. 3211. an Act to Provide for the Sale of Certain Land in the Parish Of

13 GEO. V.] Boorhaman Land. [No. 3211 153

No. 3211. An Act to provide for the Sale of certain Land in the Parish of Boorhaman formerly temporarily reserved from Sale as a Site for Public Purposes and for the Application of the Proceeds of such Sale to the Purchase of other Land in the said Parish and for other purposes. [Uth December, 1922.]

HEREAS the land described in the First Schedule to preamble, W this Act is portion of certain land which was by First schedule. Order in Council of the seventeenth day of February One Vide QovernmrU thousand eight hundred and seventy-three temporarily 21st February, reserved from sale as a site for public purposes: And whereas 'p' by reason of its liability to flooding the said land was not suitable for the purposes for which it was so reserved and the said Order in Council was by Order in Council of vu«Government the twenty-sixth day of October One thousand nine ShNJvember, hundred and fourteen revoked: And whereas Nora Shea of 19l*-P'5018- Everton spinster is registered as the proprietor of an estate in fee simple of the land described in the Second Schedule Socond to this Act (being part of the land more particularly Schednle- described in certificate of title registered in the register Register Book book of the Office of Titles volume 3482 folium 696298): SaSSe. And whereas it is expedieut to make provision for the sale by public auction of the land described in the First Schedule to this Act and for the application of the proceeds of such sale to or towards the purchase of the land described in the said Second Schedule by the council of the shire of Wan- garatta : And whereas it is expedient to provide for the transfer to His Majesty and the permanent reservation from sale pursuant to the Land Acts as a site for public recreation purposes of the land described in the said Second Schedule when the purchase thereof is completed: Be it therefore enacted bv the King's Most Excellent Majesty by and with the advice and consent of the Legislative Council and the Legislative Assembly of Victoria 154 13 GEO. V.] Boor ham an Land. [No. 3211

Victoria in this present Parliament assembled and by the authority of the same as follows (that is to say):—

Short title. 1. This Act may be cited as the Boorhaman Land Act 1922.

Bate of land described in 2. (1) Subject to such covenants conditions exceptions Firit Schedule. and reservations as the Governor in Council directs the land described in the First Schedule to this Act may (notwithstanding anything in the Land Acts) be sold in fee simple by public auction at such upset price as the Governor in Council directs. (2) When the said land is sold the Board of Land and Works shall receive the purchase money thereof and shall pay the same into an account to be kept in the Treasury and called the Boorhaman Land Trust Account. (3) The interest (if any) from time to time accruing in respect of the said account shall be paid into the consoli dated revenue.

Purchase of 3. (1) If within twelve months after the commencement land described in Second of this Act the council of the shire of Wangaratta with the Schedule. Second approval of the Minister purchases the land described in Schedule. the Second Schedule to this Act as a site for public recrea tion purposes any money for the time being standing to the credit of the said fund may be paid to the said council to be applied by it to or towards the payment of the purchase money of the said land and to no other purpose whatsoever. (2) Upon the completion of such purchase— (a) the excess moneys (if any) standing to the credit of the said fund shall be transferred to the consolidated revenue ; (b) the municipality of the shire of Wangaratta shall transfer the land described in the Second Schedule to His Majesty freed and discharged from all trusts limitations and restrictions whatsoever ; and (c) upon such transfer the said land shall be deemed to be and may be dealt with as unalienated land of the Crown and may pursuant to the Land Acts be reserved from sale permanently as a site for public recreation purposes. (3) If 13 GEO. V.] Boor human Land. [No. 3211 155

(3) If within twelve months after the commencement of this Act the said council has not purchased or arranged for the purchase of the said land all moneys standing to the credit of the said fund shall be transferred to the consoli dated revenue.

4. If any appropriation not authorized by this Act is Provision Mto li" • i i ^ -i o ^ i • c miaapproprla- made ot any moneys paid to the council of the shire of tionot i*,n«ra Wangaratta pursuant to the provisions of this Act any persons who have knowingly misappropriated or 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 a law officer from such persons or any of them as moneys lent to such persons and may be sued for by any person appointed in that behalf by a law officer. 5- Save as otherwise expressly provided in this Act no Noiiabaityto person or body of persons (whether incorporated or not) crown, shall be entitled to or shall receive from His Majesty any money or consideration or compensation in respect of or in any manner whatsoever arising out oi any act matter or thing under this Act.

SCHEDULES.

FIRST SCHEDULE. seotioa* Land proposed to be sold by public auction and the purchase money thereof applied to the purchase of the land described in the Second Schedule to this Act. Sixty acres, more or less, parish of Boorhaman, county of Bogong, being part of allotment 15ID formerly reserved as a site for public purposes ; Commencing at the southern angle of the Cemetery site reserved by Orders of 26th February, 1872, and 17th November,' 1879, bounded thence by that site bearing N. 21° 18' W. twelve chains fifty links and N. 44° E. four chains forty links by a road bearing N. 21° 18' W. three chains sixty links and west by that road and a line to the permanent leserve for public purposes along the Ovens river by that reserve bearing southerly to a three-chain road and by that road bearing N. 44° B. twenty-two chains more or less to the commencing point SECOND 1:56 13 GEO. V.] Boorhaman Land. [No 3211 section a. SECOND SCHEDULE. Land of which Nora Shea of Everton spinster is registered as tJie proprietor ,. of an estate in fee simple proposed to be purchased and transferred to ; His Majesty the King and permanently reserved from, sale as a site for public recreation purposes. Thirty-five acres, parish of Boorhaman, county of Bogong, being part of allotment 147 and being part of the land described in certificate ,. ... of title volume 3482 folium 696298 : Commencing at the southern angle .,'•' ' of the allotment; bounded thence by a road bearing N. 44° 18' W. twenty-five chains by lines bearing N. 45° 42' E fourteen chains sixteen links and one-half of a link and S. 44° 18' W. twenty-four chains forty-two links and by a road bearing S. 43° 21' W. fourteen chains eighteen links to the commencing point.