Brisbane Roman Catholic Cathedral Land Sales Act of 1928 (19 Geo v) (Qld)

12296 RELIGION. Brisbane Roman Catholic, Etc., Land Sales Act. 19 GEO. V., RELIGION. ROMAN CATHOLIC CHURCH. 19 Geo. V. An Act to Vest in New Trustees the Lands comprised Tan BRISBANE in certain Deeds of Grant being Allotments ROMAN CATHOLIC 3, 4, 5, 6, 13, 14, 15, and 16 of Section 33, LCAANTDHESDARLAELS Parish of North Brisbane, City of Brisbane, ACT or 1928. granted for the Purpose of the Erection thereon of a Church, School, and Clergyman's Residence and for other Purposes in connec- tion with the Roman Catholic Church; and to Enable the Trustees for the Time Being thereof to Sell the Same or any Part or Parts thereof and. Apply the Proceeds to the Purchase of Other Lands and the Erection of a Church thereon in a more convenient Situation; and for other purposes, [ASSENTED TO 14TH NOVEMBER, 1928.] W Preamble. HEREAS by Deed of Grant under the hand of Sir Charles Augustus Fitz Roy, then Governor of the Colony of New South Wales, sealed with the Seal of the said Colony, dated the twenty-sixth day of November, one thousand eight hundred and forty-nine, and issued in pursuance and by virtue of the powers contained in 7 Wm. IV. • "an Act to Promote the building of Churches and Chapels No. 3. and to provide for the maintenance of Ministers of Religion in New South Wales," an estate in fee-simple in a certain piece of land situated in the County of Stanley, Parish of North Brisbane, being allotments 14, 15, and 16 of section 33, and containing by admeasurement two roods twenty-eight perches more or less, was granted by Her late Majesty Queen Victoria to John Bede Polding, Henry Gregory Gregory, Joseph Charles Sumner, John McEncroe, and James Hanly upon trust for the erection thereon of a Roman Catholic church or chapel in conformity with the provisions of the said Act, so far as the same might apply, and for no other purpose whatsoever:

RELIGION. 1928. Brisbane 1?oinan Catholic, Etc., Land Sales Act. 1 And whereas by Deed of Grant under the hand of the said Sir Charles Augustus Fitz Roy, sealed with the Seal of the said Colony, dated the twenty-sixth day of November, one thousand eight hundred and forty-nine, and issued in pursuance and by virtue of the powers contained in the abovementioned Act, an estate in fee- simple in a certain further piece of land situated in the county and parish aforesaid, being part of allotment 4 and allotment 5 of section 33, containing by admeasurement one rood fourteen perches more or less, was granted by Her said late Majesty to the said John Bede Polding, Henry Gregory Gregory, Joseph Charles Sumner, John McEn.croe, and James Hanly upon trust for the appropriation thereof as a site for a dwelling-house, garden, or other appurtenances for the clergymen duly appointed to officiate in the Roman Catholic church erected at Brisbane in conformity with the provisions of the said Act so far as the same might apply, and for no other purpose whatsoever: And whereas by Deed of Grant under the hand of the said Sir Charles Augustus Fitz Roy and the Seal of the said Colony, dated the twenty-sixth day of November, one thousand eight hundred and forty-nine, a further piece of land situated in the county and parish aforesaid, being allotment 3 and part of allotment 4 of section 33, containing by admeasurement one rood fourteen perches more or less, was granted by Her said late Majesty to the - said John Bede Polding, Henry Gregory Gregory, Joseph Charles Sumner, John McEncroe, and James Hanly upon trust for the erection thereon of a Roman Catholic school-house, and for no other purpose whatsoever: And whereas by Deed of Grant under the hand of the said Sir Charles Augustus Fitz Roy and the Seal of the said Colony, dated the first day of November, one thousand eight hundred and fifty-one, a further piece of land situated in the county and parish aforesaid, being allotment 13 of section 33, containing by admeasurement thirty-six perches more or less, was for the consideration therein mentioned granted by Her said late Majesty to the said John Bede Polding, the said Henry Gregory Gregory, the said James Hanly, _William Augustine Duncan, and William Fitzpatrick, as trustees of St. Stephen's Roman Catholic church: 12297

12298 RELIGION. Brisbane Roman Catholic, Etc., Land Sales Act. 19 Gno. V., And whereas by Deed of Grant under the hand of Sir William Thomas Denison, then Governor of the Colony of New South Wales, and the Seal of the said Colony, dated the thirteenth day of February, one thousand eight hundred and fifty-five, a further piece of land situated in the county and parish aforesaid, being allotment 6 of section 33, containing by admeasure- ment thirty-six perches mote or less, was for the consideration therein mentioned granted by Her said late Majesty to James Hanly and William Augustine Duncan, as Trustees of the Roman Catholic church at Brisbane: And whereas the whole of the Trustees mentioned in the said Deeds of Grant are now deceased, and it is not known which of them was the last survivor: And whereas the spiritual control of the Roman Catholic Church in Queensland is vested in the Roman Catholic Archbishop of Brisbane: And whereas the said Archbishop is desirous of appointing Timothy Molony and Brian Bolton, and himself James Duhig, all clergymen of the said Church, to be Trustees of the said lands in place of the said Trustees mentioned in the said deeds of grant, but doubts have arisen as to whether such Trustees can be duly appointed by the said Archbishop as aforesaid: And whereas it is expedient to erect a new church, a new school-house, and a new clergyman's residence suitable to the present requirements of the said church, but the said lands are not conveniently situated as a site for same: And whereas it is expedient that the said James Duhig, Timothy Molony, and Brian Bolton should be appointed Trustees of the said lands, and that such Trustees should be empowered to sell and dispose of' the whole or any part or parts of the said lands (notwithstanding any restriction in the Deeds of Grant thereof as to the purpose for which such lands may be used) and to use the proceeds of such sale in or towards the purchase of other lands more conveniently situated in the City of Brisbane, and the erection thereon of a church, dwelling-house, and other appurtenances, and that such Trustees should have the powers hereinafter contained conferred upon them, and that provision

RELIGION. 12299 1928. Brisbane Boman Catholic, Etc., Land Sales Act. should be made for the creation of a succession of properly qualified Trustees according to the usages and regulations of the said Church in Queensland: Be it therefore enacted by the King's Most Excellent Majesty, by and with the advice and consent of the Legislative Assembly of Queensland in Parliament assembled, and by the authority of the same, as follows: 1. From and after the passing of this Act, all the vesting of lands described in the said several Deeds of Grant and the lands. thereby vested in the said John Bede Polding, Henry Gregory Gregory, Joseph Charles Sumner, John 1VIcEncroe, James Hanley (or Hanly), William Augustine Duncan, and William Fitzpatrick respectively, shall be and the same are hereby vested in the said James Duhig, Timothy Molony, and Brian Bolton, for all the estate therein of the said John Bede Poldin,g, Henry Gregory Gregory, Joseph Charles Sumner, John McEn.croe, James Hanley (or Hanly), William Augustine Duncan, and William Fitzpatrick, upon the trusts hereinbefore recited respectively and contained and declared in and by the said several Deeds of Grant. 2. In this Act the term "Trustees" shall mean and Meaning of include the said James Duhig, Timothy Molony, and "Trustees.' Brian Bolton, and their successors in office who for the time being are Trustees for the purposes of this Act. be la3w. fFurlofmor athned Tafrtuesrtethees pinaswsihnogmofththeissaAidctl, aintdsshfaollr. s P T o er w in e th r e o ee f s to the time being are vested, with the consent of the Roman lands. Catholic Archbishop for the time being of Brisbane, and notwithstanding any restrictions in the Deeds of Grant thereof as to the purpose for which such lands may be used, to sell the whole or any part or parts of the said lands. 4. Every sale made in, pursuance of the powers Mode and aforesaid may be in one or more lots, and either by public :It ° auction or private contract, and upon payment of the purchase money to the Trustees so selling as aforesaid they shall convey the land so sold to the purchaser or purchasers thereof, and such conveyance shall be valid and effectual in law and equity for all purposes whatsoever: N

12300 '- RELIGION. Brisbane Roman Catholic, Etc., Land Sales Act. 19 GEO. V., Provided that such land shall be first offered for sale by public auction, and if not sold may at any time within three months thereafter be sold by private contract at a price not less than the highest price offered for the same at the auction, or, if no price was offered, then not less than the reserve subject to which the same was so Offered: Application Provided further that before selling the said lands tboybTrrinugstees the Trustees shall have the lands brought under the lands under provisions of *"The Real Property Acts, 1861 to 1887," in RPreoapl erty their names, and shall make application accordingly. Acts. Disposal of 5. (1.) All moneys to arise from any sale made in, proceeds. pursuance of the powers aforesaid shall be expended in the following order so far as the same shall extend, that is to say, in payment of— (a) The reasonable expenses of and attending such sale; (b) The cost of applying for, obtaining, and passing this Act; (c) The purchase of another site or sites in a more convenient situation; (d) The cost of the erection of a church 011 some part of the land so purchased as aforesaid; (e) The cost of the necessary fittings and furniture for the said church; (f) The cost of the erection of a school-house on the land so purchased; (g) The cost of all necessary fittings and furniture for the said school-house; ' (h) The cost of the erection of a dwelling-house for the clergyman duly appointed in accord- ance with the rules and practice of the Roman Catholic Church in Queensland to officiate in, the said church; (i) The cost of all necessary fittings and furniture for the said dwelling-house. Application (2.) If thereafter there shall be any surplus, the of surplus. said Trustees shall transfer the same to the Roman * 25 Vic. No. 14 and amending Acts, supra, page 2984.

1928. RELIGION. Brisbane Roman Catholic, Etc., Land Sales Act. 1230/ Catholic Archbishop of Brisbane for the time being, and such surplus shall be applied by him to such uses and purposes and in such manner for promoting the spiritual and temporal welfare of the said Church in •Brisbane as the said Archbishop shall in his discretion think fit in accordance with the rules and practice thereof. by th 6 e . mTphuercThraussetdeeass ashfoarlelscaaidusteo abneyfosritthewoirthsictoesnvtoeybeed F v u rwu rt se h tre e se r os.f to and become vested in the said Trustees, to be held by the said Trustees upon trust for the Roman Catholic Church in Brisbane, and to be transferred, leased, or otherwise dealt with for the benefit of the said Church as the Archbishop thereof for the time being shall from time to time direct, and all moneys received or raised by or from any sale, mortgage, or lease shall be applied •for such purposes and generally in such manner for the benefit of the said Church as shall be prescribed by the Archbishop thereof for the time being. 7. Should the Most Reverend James Duhig for any Successors in reason cease to hold the office of Roman Catholic Arch- bishop of Brisbane he shall cease to be a Trustee within Catholic the meaning of and for the purposes of this Act, and his A of r respective successors to the said office shall during such . time as each such successor may hold the said office be a Trustee within the meaning of and for the purposes of this Act. 8. Whenever and so often as the Trustees or any Filling . of of them, other than the Roman Catholic Archbishop of vacancies. Brisbane for the time being, shall die or be desirous of being discharged from or become incapable of acting or refuse to act in the said Trust or shall leave the State, then and in every such case another person or other persons shall be appointed as Trustee or Trustees to act jointly with the surviving or continuing Trustees in the place of the Trustees or Trustee so dying, desiring to be discharged from or being incapable of acting, or refusing to act, or leaving the State. Every such appointment shall be made by the Roman Catholic Archbishop for the time being of Brisbane, and in the manner provided by the *" The Trustees and Executors Act of 1897." * 61 Vic. No. 10, svpra, page 3507.

12302 RELIGION. Brisbane Boman Catholic, Etc., Land Sales Act. 19 GEO. V., 1928. Receipts of 9. The receipts in writing of the Trustees exercising Tberuastgeoeosdto any of the powers conferred by this Act for any moneys and paid or advanced to them in pursuance of the powers dsuisfcfihcaiergnet . aforesaid shall be a good and sufficient discharge for such moneys to the person or persons paying or advancing the same, and he or they shall not be bound or required to see to the application thereof or be affected by the misapplication or non-application thereof. Short title. 10. This Act may be cited as "The Brisbane Roman Catholic Cathedral Land Sales Act of 1928." SANDGATE GAS. See COMPANIES (GAS COMPANIES).