Public Trusts (Amendment) Act 1944 (NSW)

PUBLIC TRUSTS (AMENDMENT) ACT.

Act No. 8, 1944.

An Act to make certain provisions in relation to the appointment as trustees of lands set apart, dedicated or reserved for the purposes of a cemetery, of corporate bodies consti­ tuted or created by or under any Act pro­ viding for the holding or managing of or dealing with church property; for this pur­ pose to amend the Public Trusts Act, 1S97, as amended by subsequent Acts; to validate certain matters; and for purposes con­ nected therewith. [Assented to, 11th April, 1944.]

BE it enacted by the King 's Most Excellent Majesty, lative Council and Legislative Assembly of New South by and with the advice and consent of the Legis­	Wales in Parl iament assembled, and by the au thor i ty of
the same, as follows :—

1. (1) This Act may be cited as the " P u b l i c T rus t s

(Amendment ) Act, l i )44."

(2) The Publ ic T r u s t s Act, 1897, as amended by

subsequent Acts and by this Act, may be cited as the

Publ ic T r u s t s Act, 1897-1944.

2. The Public T rus t s Act, 1897, as amended by subsequent Acts , is amended by inser t ing a t the end of section two the following new subsect ions:—

(III) This section shall extend and shall be deemed a lways to have extended to author ise the appoint­ ment as t rus tees of the whole or any p a r t of land set apa r t , dedicated or reserved for the purposes of a cemetery, of a corpora te body const i tuted or created by or under any Act providing for the hold­ ing or manag ing of or deal ing with church p r o p e r t y ; and where any such corporate body is or has been so appointed then, by vi r tue of this Act, it shall have, and

and shall be deemed always to have had, authority to accept appointment as such trustees and to exercise and discharge all The powers, authorities, duties and functions necessary for the purpose of carrying its- trusteeship into full effect.

(iv) Where, in the case of land set apart, dedicated or reserved for the purposes of a cemetery before the commencement of the Public Trusts (Amend- ment) Act, 1944, trustees have been appointed for that portion of the cemetery which is set apart or allocated as a Roman Catholic burial ground, then,. as from such commencement, such trustees shall be deemed to have been removed, and the body corpor- ate created by the Roman Catholic Church Trust Property Act, 1936, for the diocese in which such1

land is situated shall be deemed to have been appointed, pursuant to this Act, as trustees of that portion of the cemetery so set apart or allocated.

In any case where the portion so set apart or allo- cated has been granted to or vested in trustees such portion shall be deemed to have been vested in the said body corporate as from the commencement of the Public Trusts (Amendment) Act, 1944, upon the trusts, and with the powers and subject to the condi- tions attaching to the same in the hands of such trustees immediately before such commencement.