Bunbury (Old Cemetery) Lands Revestment Act 1936 (WA)

1936.] Bunbury (Old Cemetery) Lands [No. 14.

Berestment.

SUNBURY (OLD CEMETERY) LANDS

REVESTMENT.

EDWD. VIII., No. XIV.

No. 14 of 1936.

AN ACT relating to the Old Church of England Cemetery at Bunbury (Bunbury allotment 294).

[Assented to 3rd December, 1936.]

HEREAS all that piece of land being Bunbury Preamble.

Wallotment 294 and being the land comprised in

grant enrolled in the Registry of Deeds at Perth and numbered 900 formerly granted to certain trustees in trust for a burial ground is by virtue of an instrument of conveyance enrolled in the said Registry of Deeds in Book XIX. Number 1195 now vested in the municipality of Bunbury as the proprietors of an estate in fee simple therein in trust for the purposes of a burial ground and upon and subject to certain special conditions contained in the said instrument of conveyance: And whereas the said land had for some years been used as a Church of England burial ground, but by an Order in Council made under the Cemeteries Act, 1897, and published in the

Government Gazette on the 2nd day of November, 1923,

the use of the said land as a burial ground was as from and after the 26th day of January, 1929, discontinued, except in cases where persons desiring to bury therein

No. 14.1 Bunbury (Old Cemetery) Lands [1936.

R e vestment.

can produce title to an area of land in the said burial ground: And whereas it is unlikely that hereafter any person having a title to an area of land as aforesaid will desire to bury in the said land, and the municipality of Bunbury as the proprietors thereof are desirous of converting the said Bunbury allotment 294 into a closed cemetery and public park and the Diocesan Trustees of Bunbury Incorporated as the former owners of the said land have approved thereof : Be it therefore enacted by the King's Most Excellent Majesty, by and with the advice and consent of the Legislative Council and Legis- lative Assembly of Western Australia, in this present Parliament assembled, and by the authority of the same, as follows:—

"Short titre. 1. This Act may be cited as the Millbury (Old Ceme-

tery) Lands Revestment Act, 1936.

Lands

rovested in 2.

From and after the commencement of this Act, all rights of property which may have at any time been vested by Statute or otherwise in the municipality of Bunbury, or in any other person or persons whomsoever, in the whole or any part of Bunbury allotment 294 here- inbefore mentioned and described in the preamble to this Act, shall absolutely cease and determine, and the whole of the said land and all the right and title thereto both in law and in equity shall be and the same is hereby vested in His Majesty the King, freed and released from all and every trust, encumbrance, condition, charge, or limitation affecting the same.

ill s Majesty.

I ads vested	3.	Upon the said land being vested in His Majesty
-in His

miesty to

be reserved	the King as aforesaid, the same shall, in accordance with
nd granted
to Muni.	the provisions of the Land Act, 1933, be reserved as a
ci pality of
Runh arY.	Class A reserve for the purposes of a closed cemetery and public park, and shall be granted in fee simple to the municipality of Bunbury for such purposes.
Power to

When the municipality of Bunbury shall have be- come the proprietor of the said reserve under section three of this Act, it shall be lawful for the said munici- pality to remove all or any of the monuments, head- stow,s, and other grave fittings then standing upon the recorre to such other place or places within the said

remove monu- 4.

ments, ts, etc.

1936.] Thanbury (Old Cemetery) Lands [No. 14.

Revestment.

reserve as it may think fit, or to permit any person estab- lishing his right thereto to the satisfaction of the muni- cipality to remove any monument, headstone, or grave fitting aforesaid from the said reserve.

5. It shall not be necessary for the municipality to R r oemmoroas f roof m

remove from the said reserve the remains of any per- the reserve.

sons formerly buried in the land comprised in the said

reserve, but the said municipality shall permit the ex-

humation and removal of any such remains from the said

reserve at any time by any person who proves to the

satisfaction of the Board that prior to the twenty-sixth

day of January, one thousand nine hundred and twenty-

nine, lie had a title to the area of land within the said

reserve in which the remains sought to be removed were

buried.