Roman Catholic Church Lands Act 1895 (WA)
Western Australia
Western Australia
Western Australia
Roman Catholic Church Lands Act 1895Whereas by the Ordinance made and passed by the Legislative Council in the 22
And that the estate in all lands and premises which should be thereafter granted and conveyed by any person or persons for Roman Catholic Church purposes should be vested by deed or other proper assurance in the Roman Catholic Bishop for the time being administering the ecclesiastical affairs of the said Roman Catholic Church in the said Colony, and his successors, under and subject to such trusts as might be imposed by the donors and grantors thereof as conditions of their grant.
And whereas the Right Reverend Matthew Gibney is at present the holder of the said office, and is desirous of improving and turning to better account certain of the said lands vested in him as such Bishop as aforesaid, and for such purposes of obtaining the powers and authorities hereinafter mentioned.
Be it therefore enacted by the Queen’s Most Excellent Majesty, by and with the advice and consent of the Legislative Council and Legislative Assembly of Western Australia, in this present Parliament assembled, and by the authority of the same, as follows: —
This Act may be cited as the
(1) Subject to the provisions of this Act, the Bishop for the time being administering the ecclesiastical affairs of the Roman Catholic Church in Western Australia, and his successors in office, may from time to time borrow and take up at interest any sum or sums of money on security of any lands vested in him or them as such Bishop as aforesaid, for the purpose of building upon any of such lands or otherwise improving the same and for any other purpose or purposes whatsoever that the said Archbishop in his corporate name, with the consent of the advisers, may deem necessary from time to time and to mortgage in fee or for a term of years any of such lands so vested in him as security for the amount of any such loan, and either with or without a power of sale and leasing respectively in case of default being made in the payment of the principal and interest moneys at the time or times by such mortgage appointed for the payment thereof respectively, and with or without a power of distress and such other and accompanying powers, clauses, and provisions as he shall deem expedient, and to give receipts for the moneys to be advanced.
(2) The lands so to be mortgaged shall thenceforth be held by the mortgagee or mortgagees thereof, his, her or their heirs and assigns, freed and absolutely discharged from the trusts upon which the same may for the time being be held by such Bishop.
(3) Unless otherwise therein expressed, no covenant, proviso, or other matter or thing contained in any such mortgage shall be deemed or construed to impose on the mortgagor, his heirs, executors, administrators, or assigns any personal obligation or responsibility for the repayment of the principal moneys or interest thereby secured.
(4) Any moneys raised by way of mortgage under this section, or any part of such moneys, may be expended in building on or otherwise improving the lands comprised in the security or any other lands not therein comprised.
The said Bishop and his successors in office may from time to time lease any lands vested in him or them as such Bishop as aforesaid for any term, with or without a right of renewal, and either by way of building lease or otherwise, and subject to such covenants, conditions, and agreements as the lessor may think fit.
(1) Nothing this Act contained shall authorise —
(a) A mortgage, or a lease for any term exceeding 21 years, of any lands which have been granted by the Crown to or for the use or benefit of the Roman Catholic Church, without pecuniary consideration therefor, except with the consent in writing of the Governor in Council, nor —
(b) A mortgage of any lands acquired otherwise than by grant from the Crown as aforesaid, if such lands be held upon any express trust or condition against alienation.
(2) A trust or condition expressed to be for the use or purposes or benefit of the Roman Catholic Church, or in any words of like import, shall not be deemed to be an express trust within the meaning of this section.
With the consent of the Governor in Council, the said Bishop and his successors in office may sell any lands granted by the Crown as aforesaid to him or his predecessors in such office, or that may hereafter be so granted to him or his successors.
Nothing in this Act contained shall be deemed or construed to make it necessary for any purchaser, mortgagee, or lessee to inquire whether any power of sale, mortgage, or lease was duly and regularly made or exercised, or in anywise to see to the application of any moneys raised under the authority of this Act, or to inquire into the necessity, regularity, or propriety of any such sale, mortgage, or lease, or be affected by notice that the same is or are irregular, unnecessary, or improper; subject, always, to the provisions of the next following section.
No assurance on sale or mortgage or any lease for a term exceeding 21 years, of lands granted by the Crown to or for the use or benefit of the Roman Catholic Church, without pecuniary consideration therefor, shall be valid unless countersigned as approved by the Governor for the time being of the said Colony, with the advice of the Executive Council.
The expression
59 Vict. Private Act | 12 Oct 1895 | 12 Oct 1895 | |
4 of 1916 | 17 Nov 1916 | 17 Nov 1916 | |
74 of 2003 | 15 Dec 2003 | 15 Dec 2003 (see s. 2) | |
This Act is affected by the following Acts:
Other relevant written laws:
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