Roman Catholic Church Communities' Lands (Amendment) Act 1948 (NSW)

ROMAN CATHOLIC CHURCH COMMUNI­

TIES’ LANDS (AMENDMENT) ACT.

Act No. 2, 1948.

George VI. All Act to amend the Roman Catholic Church No. Communities’ Lands Act, 1942-1943, in

certain respects; and for purposes connected therewith. [Assented to, 22nd April, 1948.]

BE

Soman Catholic Church Communities’ Lands 3

(Amendment) Act.

it enacted by the King's Most Excellent Majesty, No. 2, 1948.

I f by and with the advice and consent of the Legis­ lative Council and Legislative Assembly of New South Wales in Parliament assembled, and by the authority of the same, as follows :—

1. (1) This Act may be cited as the “ Roman S h o rtdtio

Catholic Church Communities’ Lands (Amendment) citation.

Act, 1948.”

(2) The Roman Catholic Church Communities’ Lands Act, 1942, as amended by the Roman Catholic Church Communities’ Lands (Amendment) Act, 1943, and by this Act, may bo cited as the Roman Catholic Church Communities’ Lands Act, 1942-1948.

2 . The Roman Catholic Church Communities’ Lands Amendment

Act, 1942-1943, is amended— 23,^9* 4 °̂"

(a) (i) by inserting in section two at the end of the 2.

definition of “ Community” the words “ and (Defini-

any order, congregation, community, asso­

ciation or society named in the first column

of the Second Schedule to this Act” ;

(ii)  by omitting from the definition of “Provin­ cial” in the same section the words “ Pro­ vincial or Superior” and by inserting in lieu thereof the words “ Provincial, Superior or President” ;

(iii)  by inserting at the end of the same section the following new subsection:—

(2) (a) The Governor may,—

(i)  upon the written request of the Provincial-General, Provincial, Superior or President of any order, congregation, community, association or society of the Church which is not a community within the meaning of this Act, and

(ii)  upon the presentation of a certifi­ cate, under the hand and seal of the Bishop of the Diocese within

which

i Roman Catholic Church Communities’ Lands

(Amendment) Act.

Ba. 2 ,1 9 48. which the principal site or house in New South Wales of such order, congregation, community, associa­ tion or society is situated, and to the effect that the Bishop of such Diocese approves of such order, congregation, community, associa­ tion or society being a community for the purposes of this Act,

by proclamation published in the Gazette, add the name of such order, congregation, community, association or society to the first column of the Second Schedule to this Act, and add to the second column of the Second Schedule, the corporate name of the trustees of such order, congregation, community, association or society.

(b) The Second Schedule with the

additions made thereto pursuant to the provisions of paragraph (a) of this sub­ section shall be deemed to be the Second Schedule to this Act.

8«c. 4.	(b) by inserting at the end of subsection two of munity named in the first column of the Second Schedule to this Act shall be the corporate name set out opposite thereto in the second column of such Schedule” ;
names of

(Corporate	section four the words “ and for each com­
trustees.)

Sec. 8.

(c) by inserting at the end of section eight the (4) Subsections one and two of this section shall, in their application to and in respect of the communities named in the first column of the Second Schedule to this Act as inserted by the Roman Catholic Church Communities’ Lands (Amendment) Act, 1948, and the com­ munity lands of those communities, have and Cake effect as on and from the commencement of the Roman Catholic Church Communities’ Lands (Amendment) Act, 1948; and for the

eommunities’

(Vesting of	following new subsections;—
land.)

purposes

Boman Catholic Church Communities’ Lands J

(Amendment) Aet.

purposes of such application the reference in	2,194*.
subsection two of this section to the “ com­ mencement of this Act” shall be read and con­ strued as a reference to the “ commencement of the Roman Catholic Church Communities’ Lands (Amendment) Act, 1948.”
(5) Subsections one and two of tliis section shall, in their application to and in respect of any community the name of which is added to the first column of the Second Schedule to this Act pursuant to the provisions of subsection two of section two of this Act, and the com­ munity lands of any such community, liave and take effect as on and from the date of gazettal of the proclamation adding the name of such community to the said Schedule; and for the purposes of such application the reference in subsection two of this section to the “ com­ mencement of this Act” shall be read and con­ strued as a reference to the date of “ gazettal of the proclamation adding to the Second Schedule to this Act the name of the community for which the body corporate is constituted.”

(d) by omitting from subsection one of section nine the word “ Schedule” and by inserting in lieu	Sec. 9.
lantis not te
(Certain

thereof the words “ First Schedule” ;

vest untU

consent

given.)

(e)	by inserting at the commencement of sub-	Sec. 10.
])aragraph (iii) of paragraph (a) of subsection	bcdic.s(Powers of
one of section ten the words “ by itself or by	corpor.ate.)
any servant or agent authorised in writing in that behalf under its common seal” ;

(f) by omitting from subsection one of section four- Sec. 14. teen the word “ Schedule” and by inserting in (Evidence.) lieu thereof the words “ First Schedule’ J

(g) by inserting in the Schedule before the word Schedule.

(Consequea-

‘Schedule” the word “ F irst’ tial.)

(t)

6  Roman Catholic Church Communities’ Lands

(Amendment) Act.

No. 2, 1948.	(h)	by inserting at the end thereof the following
New Second	new Schedule—
Schedule.

Jees. 2,4	SECOND SCHEDULE.
and 8.

Column One. Column Two.

(Canonical Name.) (Corporate Name.)

The Eranciscan Mission­ Trustees of the Franciscan

aries of Mary. Missionaries of Mary.

The Society of the Sacred Trustees of the Society of

Heart of Jesus.

the Sacred Heart of

Jesus.

Tlie Congregation of Our Trustees of the Sisters of

Lady of Charity of the	the Good Shepherd.
Good Shepherd.

The Oblate Fathers of Trustees of the Oblate

Mary Immaculate. Fathers.

The Congregation of the Trustees of the Patrician

Brothers of St. Patrick. The Society of Jesus. Brothers.

The Trustees of the Jesuit

Fathers.

The Sisters of Saint Trustees of the Sisters of

Joseph of California Saint Joseph of Califor­

(Greenwich). nia (Greenwich).

The Congregation of the Trustees of the Little Sis­

Little Sisters of the	ters of the Poor.
Poor.

The Ursuline Nuns of the Trustees of the Ursuline

Roman Union of Ursu­	Nuns of the Roman
line.	Union of Ursuline.

Poor Clares. Trustees of the Poor

Clares.

The Congregation of the The Trustees of the Pre­

Presentation Sisters of	sentation Sisters, Dio­
Lismore.	cese of Lismore.

The Fathers of the Con­ Trustees of the Redemp-

gregation of the Most	torist Fathers.
Holy Redeemer.

The Daughters of Our The Mother Aubert Home

Lady of Compassion of Compassion Trust

(Broken H ill). Board.

The Order of the Capuchin Trustees of the Order of

Eranciscan Fathers.

the Capuchin Franciscan

Fathers.

The Superior Council of The Trustees of the

Australia of the Society	Superior Council of
of St. Vincent de Paul.	Australia of the Society of St. Vincent de Paul.

SECOND

Money-lenders and Intant Loans (Amendment) Aet.

SECOND SCHEDULE—confmwed. No,. 2.1948,

Column One. Column Two.

(Canonical Name.) (Corporate Name.)

The Amalgamated Sisters Trustees of the Amalga­

of Mercy, Diocese of

mated Sisters of Mercy,

Wilcannia-Forhcs.

Diocese of Wilcannia-

Forhes.

The Sisters of Mercy, Trustees of the Sisters of

Broken Hill, Mercy, Broken HilT,

The Sisters of Jfercy, Cnii- Trustees of the Sisters of

nedali. Mercy, Gimnedah.

The Sisters of 3fercy, The Sisters of Mercy,

Goulburn and Amalga­	Goulburn and Amalga­
mated Houses.	mated Houses.