Roman Catholic Diocese of Lismore Church Lands Act 1908 (NSW)
Act, 1908.
Iionttiti Catholic Dioce-'ic o f L km o re Church J^andn.
| Roman | cathoik All A ct to vulidutc mi(l coiitirm certain 2,a‘au ts |
| D iockse OF L ism o k j; | i | (‘ | i | t | a | / < |
| chukoh | Lands. - | Qt laiKi to tlic tiaistces ot tlic uom aii ( atlioJic C lm rcli a t L isinore : to reg u la te th e tru s ts of tlie Eouiaii (^atholic lauds iu th e D iocese of L isinore, and to p rov ide for th e appo iu tiuen t and succession of tru s te e s th e re to ; and to confer on such tru s te e s pow ers to lease, m ortgage , sell, and exchange th e said lands. | |
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| Preamble. | TX TU EEEA S bv (U‘('(I-])oll or oniiit, lu'ai’ing date the lo st day of |
December, in llie year oiu' tbousaml ei"lit bundred and seventy-four, under the band of Sir Jlercnles George Itobert Eobinsoii, Ivni"bt CominandiM' of tlie .Most Distinn'iiisbed Order of Saint iMidiael and Saint Georgt', Gowrior of th(‘ Coiony of XewSonlli AYales, and under the si;al t!i(‘r('or, and I'l'gistered as voimne I'oiii' luindred and sixty, folio eigdity-four. Her .Majesty Vieloria did grant unto tbe liigbt Revi'n'nd Timothy O'Mabony, the Ueverend Eelix Scburr, Eraneis X'a])ol('on (iirard, Gliaides Dean, and Jolin Sexton, being trustees nominati'd and ajipointed as therein mentioned, and to their heirs and assigns, all that pieei'or ])arccl of land divseribed in the Eirst Schedule hereto, upon trust for the appropriation thereof as the site of a dwelling-house, garden, and other ajijiurtenanees for the clergyman duly ajipointed to otlieiate in the Jtoman. Catliolie Church at Lismore, ami for no otlu>r purpose whatsoever, and subject to the further trusts and tlu' conditions, i(>servations, and jirovisos in the said grant contained: And wliereas by anotlnn- de('d-])oll or grant, l)earing dat(‘ the lirst day of Di'Ci'inlier, in tin' yi'ar one ihonsand eight hundred and sevi'iity-four. under the hand and seal of llis d'lxcellency the said Gowrinn-, and n'gistei-ed as A'olume four hundred and sixty, folio eigh.ty-thr('(\ 1 [er said .Majesty did e'raiil nn(o tlu' same trustees, also appointed as tlnn-ein mentioned, theii' heirs and assigns, all that ])ieee or jiarecd of land di'scrihed in the Second Schedule hereto upon trust for llie erection thereon of a Roman Catholic church as tlunx'in nu'ntiomal, and for no other purpose Avhatsoever, and subject to the further tnists and the conditions, reservations, and provisos in tlie said î -rant i-ontained; .And wlnn'cas by another d('ed-poll or grant. iK'aring dati' tin' lifteeiitii day of December, in tlie year one thousand ('iglit hnndrc'd and seviaity-iiine, under the hand of Sir Augustus AVilliam Eredc'rick Spencer Loft us,
V V
Knight
Act, 1908.
Homan Catholic Biocetic o f Lismore Chu.rch Lands.
Knight Grand Cross of tlie Most Honor.able Order of the Eatli, Governor of tlie said Colony, and undi'r the sival thereof, and registered as volume four Imndrcd and eigiity-tliree, folio sixty-two, Her said Majesty did, for the consideration in tlie said deed numtioned, grant unto the Might Ueverend Elzear Tom'giani, tlie lleveri'iid dereniiali Joseph Doyle, and the said Eraneis jN'apoleon Girard, Charles Dean, and dolin Sexton, the trustee's of the Homan Catholic Church at Lisinore, their heirs and assigns, all that piece or parcel of land dcscribi'd in the Third Schedule hereto, upon and subject to the reservations and conditions therein contained : And wheri'as a llonian Catholic Cathedral has been ('reeled partly ujion the land described in the Eirst Scheduh', and jiartly upon the land deserihed in the Second Schedule; a ch'rgyinan’s dwelliiui' has been erected partly u])on th(' land described in the Eirst bclu'diile, and partly u[)on the land descrilied in the Third Selu'dule ; and a Itoinan Catholic convent has been eri'cted partly U])on the lands described in the Eirst and Second Sclu'diiles, and partly u])on lands adjacent tlu'reto : And Avhereas doubts have arisi'ii as to the validity of the jirst-nn'iilioned Crown grant, and doubts have also arisc'ii ’wlu'tlu'r the condit ions of the two tirst-nientioned Crown grants haia'been properly iidhlh'd, and it is therefore expedient that the said iwai tirst-rnentioned Crown grants should be ratitied and conlirnied : And v, liereas all of the grantees mentioned in tlu' said two lirst-ni('ntioned grain s have depart,c'd this life, and no new or other trustei's have been apjiointed in ])lace of the said deceased grantees, and jmibatc of the will of the said John Sexton, the last surviving grantee was, on the eighteenth, day of October, in the year one thousand nine hundred and six, granti'd by the Supreme Court of New South AVales in its probate jurisdiction to John'riionias Sexton and Patrick dosejih Sexton, the ('xecutors in his said will nanu'd, and the legal estate in the lands describc'd in the Eirst and Second Schedules hereto is now' vested in tin' said John Thomas Sexton and Patrick Joseph Sc'xton as snch ('xecutors : And whereas all of the grantees mentioiu'd in the lastly recited grant, w ith the exception of the said Reverend Jeremiah Jose|)h Doyle, hav(' (h'partcd this lif(', and no new' or other trustee's have lieen appointed in place of the said d('ceas('d grante(}s, and tlu' legal estate in the lands described in the d'liird Schedule lu'reto is vested in tlu'said P('V('r('nd Jeremiah Joseph Doyle : And rvlicreas it is ex])edient that the new' trustees of the said lands should be appointed, that provision should he made for the succession of trustees of the said lands, and that certain powers of lease, mortgage, sale, ('xchang(', and otheiwise should be ('onferred upon such trustees : And wher('as other lands within the Roman Catholic Diocese of Lisinore now' an', or may hereafter, hi' lu'ld by trustees for the lienctit of the Roman Catholic Church in the said diocese, and it is expedient that provision should be made for bringing
such
Act, 1908.
Homan CathoUo Diocese o f Lismore Church Davids.
such lands from time to time under the provisions of this A c t: Be it therefore enacted by the King’s Most Excellent Majesty, by and with the advice and consent of the Legislative Council and Legislative Assembly of New South "Wales in Parliament assembled, and by the authority of the same, as follows :—
| Interpretation. | 1. In this Act— |
“ Diocese of Lismore ” shall mean the Eoman Catholic diocese of Lismore for the time being, notwithstanding any alteration of boundary thereof.
“ Lands under this A ct” shall mean the lands described in the Schedule hereto, and all other lands in tlie Boman Catholic diocese of Lismore which may from time to time or at any time hereafter he vested in trustees of this Act or in special trustees.
“ Special trustees ” shall mean trustees appointed under the provisions hereof for any particular lands at any time hereafter brought under the provisions of this Act.
“ Trustees of this Act ” shall mean the trustees appointed under clause three hereof, or the survivors or survivor of them, and also all other trustees for the time being (excepting special trustees) hereafter appointed under this Act in succession, substitution, or addition to the said trustees.
Validation of grants 2. The giunts of tlie respective lands described in the Eirst s"ciiedu*ies”̂ ' a n d Sccoiid Scliednlcs hereto, notwithstanding any want of power or
invalidity in the issue tliereof or of either of them, and notivithstanding that the trusts, reservations, conditions, and provisos mentioned and set forth in the said grants or either of them have not been complied with, are hereby confirmed and declared valid.
| Appointment of | 3. The tllglit Revereiid Jeremiah Joseph Doyle, Bishop of the storekeeper, and Joseph Bede Kelly, of Lismore aforesaid, licensed surveyor, are hereby appointed the trustees of this act, and the lands described in the Schedules hereto are hereby vested in them, their heirs and assigns, for an estate in fee-simple as joint tenants ; subject, nevertheless, to the terms of this Act, and to the trusts hereinafter declared of and concerning the same. |
| o?k*nS fn Scĥ duifs | Lismoi’c, Tliomas John McDermott, of .Lismore aforesaid, |
| in such trustees. |
| Declaration of | 4. The lands under this Act shall, from and after the passing of this Act, but subject to the provisions thereof relating to special trustees, he held by the trustees of this Act upon trust to use and to permit the use and appropriation of the said lands for the erection thereon respectively of Boman Catholic cathedrals, churches, schools, convents, presbyteries, and other buildings, and for any other purposes in connection with or for the benefit of the Boman Catholic Church in the diocese of Lismore as the trustees of this Act in their discretion shall think fit, and upon and subject to no other trusts or provisions | |
| trusts. | ||
|
Act, 1908.
Homan Catholic Diocese of Lismore Church La?uls.
6. The tmstcc's of tliis Act shall have power to demise and lease Power to lease,
the lands nnder this Act or any part or jiarts tlu>reof for snch periods,
at such rents, and upon such terms and conditions as they tliink fit.
6 . The trustees of this Act shall have power to raise snch sum power to mortgage,
or sums of money Avhen and on snch terms as they shall think lit hy
d('posit of the deeds or hy raortga;i,'(t (with or without powmi’S of or trusts for sale) of the lands under this Act or any part tlu'reof, and to (‘yeciitc all proper assurances for that purjiose.
7. d’he trustees of this Act shall have power to sell the lands power to ndi and
under this Act, or any part or parts thereof, ('itlu'r together or ine-'-'̂ iiange.
parcels, hy public auction or private contract, for cash or on credit,
and on such terms and subject to such tmnditions as to title or
otherwise as they shall think lit, and also to exchange the said lands,
or any ]>art tlnu'oof, for other lands, and to transfer and assure the
same, or any jiart or parts thercol', avIkui sold or exchanged to the
])urchaser or purchasers thereof or to the person or jiersons taking-
on such ('xehange in fei'-simph' fret'd and di-charged from all trusts
alfecting tin- same, and. for all or any of the purposes aforesaid, to
sign, seal, and execute all such contracts, conveyances, transfers, and
other d('('ds. documents, and instruments as may be necessary.
?. The trustees of this Act shall stand possessed of all lands Appiio.itionof
received in e.xchange for lands under this Act, and all rents and moneys receivf'd by them under sections five, six, and seven hereof, upon trust for th<̂ heneht of all or any of the lloinan Catholic cathedrals, churches, schools, convents, presbyteries, or other buildings within the said diocese, or for any other purposes in connection with or for the henelit of the Homan Catholic Church within the said diocese as in their discretion they shall think fit.
9. No lessee, mortgagee, purchaser, ])('rson taking on exchange. Lessee, pureimscr,
or other person, paying any rent or other money to the trustees of this
A(;t or to any special trustees, shall he hound or concerned to see to appiic.itimi of rent.s,
the application thereof, and the receipt of the said trustees shall he ^
sufficient discharge therefor, and no such lessee, mortgagee, purchaser,
or other person as aforesaid shall he hound to inquire as to the
necf'ssity or propriety of any snch mortgage, sah-, lease, or exchange.
10. Airy other lands within the diocese of Lismore which may vesting of otiin-
now, or at any tinu; hereafter, he vested in trustees for the benefit of
| the Eoman Catholic Church of the said diocese, or which may iu any | ‘ | ’ |
| Avay he granted, conveyed, a(;quired, held,us('d, or occu2)icd for Eoman Catholic; Church purposes, may he brought under the provisions of this Act, and all existing and future trustees of such lands are empowf-red and authorised to bring such lands under this Act. The said lands may he brought under this Act— |
| (a) | hy tlu; conveyance or transfer thereof to the trustees of this Act or othcr\fdse vesting the same in the trustees of this A c t; and thereupon |
| Q | (b) |
Act, 1908.
| m | liornai/ CaUwlic Diocese o f Lismore Church I^amls. |
| (b) | by the trustees of this Act in the same or souk' otbei- (b'ed or instrument declaring’ that they liold tlie said lands as lands undc’r this Act. |
| Fewer to purchase, | 11. The trustees of this Act may, from time to time, purchase or take on lease or ac([uire by gift, devise, exchange, or otherwise, any other lands ■within the said diocese, and such lands shall immediately thereupon he deemed to he lands under this Act. |
| &c., o ther lands. | |
| A ppointm ent of | 12. (1) 'J he trustees of this Act shall he not less in ntunher than three, and the person otiiciating for the time-heingas the Homan Catholic Ihsho]) of tlie Diocese of Lismore may, from time to lime, hy deed under his hand and seal, appoint such persons as he shall think fit to he trustees of this Act or to he special trustees of any particular lands nnder this Act, and shall keep a register of studi trustees and special trustees, and may, hy deed, remove or retire any such trustees or special trustees as in his discretion he sliall think ht, and delete from such register the names of any trustees or special trustees who shall die or he removed or retired as aforesaid. |
| trustees. | |
| (2) So often as any new trustee or umv trustc'cs is or are apjiointed under this Act, all the property both real and personal (if any) for the time-being vested in the surviving or continuing trustee or trustees immediately before the date of such a])pointment, or in the executor or administrator of any trustee, or in tlie Chief Justice or senior puisne judge for tlie time being, hy virtue of the Wills Probate and Administration Act, 1898, or any Act consolidating or amending the same, and subject to the trusts in res]ieet of which the new trustee or new trustees is or are appointed, shall, by virtue of this Act and of such appointment and without other assurance inlaw, become and lu' conveyed, assigned, and transferred, so that the same shall thereupon he legally and elfectually vested in such new irustee or trustees, either solely or jointly with the surviving or continuing trustee or trustees, as case may require. | |
| (3) So often as any trustee of this Act is removed or retired as aforesaid, all the trust property, both real and ]iersonal, which is vested in him either solely or jointly with the continuing trustee or trustees shall, by virtue of the execution of the deed of removal or retirem.ent and without other assurance in law, hi' divesti'd from the trustee so removed or retired, and he conveyed, assigned, and transferred to aitd he legally vested in the continuing trustee or trustees alone, who shall he entitled to sue foi- and recover and to call for a transfer to him or them of all debts and (dioses in action suhj(‘ct to the trusts. | |
| (4) Upon the ap])ointment of sjiecial trustees of any particular lands nmh'r this Act such particular lands shall vest insucli special trustees, and sueh special trustees shall hold the lands of which they are appointed special trustee's, and any moneys received hy them |
as
Act, 1908.
Homan Catholic Diocese o f Lismore ChtircTi Lands.
as such special trustees upou such trusts iu connection -with or for the honefit of the Roman Catholic Church ’within the said diocese as such person ofTiciatin”' as afor('said shall by dc'ed direct or appoint, and so far as concawns such lairds and moneys, hut not further or othcnvisc, the provisions of section twelve, subsections two and three', shall apply to such special trustees, and such special trustees shall he entitled to exercise all the powers of trustees of this Act, and the provisions and immunities of this Act shall apply so far as applicable to such special trust(!cs and trusts.
13. d’lu' production of a copy of the New South Wales Govern- rrootof
Gazette containing a copy of a notice purporting to he signed hy the Roman Catholic Bishop of Lismoiu' for the time being, in the form set forth in tlu; Rourth or Rifth Schedules to this Act, shall he conclusive proof that the pi'rsons named in such notice' arc for tlu' time being truslees ol' this Act, or the special trustees of any particular lands under this Act, as the case may he.
14. A certificate purporting to he signed hy the Roman Catholic Proof that lands are
Bishop for the time-being of the Diocese of Lismore shall, for the pur[)()s('s of this Act, he conclusive proof that the lands referred to in such (‘('rtilicate are Avithin the boundaries of the said diocese, or that such lands have ceased to ho Avithin such boundaries, as the case may he. Any such certilicato may he included iti or indorsed on any conveyance, transfer, mortgage, lease, or other deed, document, instrunu'nt, or assui’anco, or maybe contained in a separate document.
15. Any of the t rustees of this Act may, by AAU'iting under his Power to delegate
hand, delegate to his co-trustees, for the time being, or to any one or more of such co-trustees, or to any other person, the execution of all or any of the trusts, poAvers, and discretions conferred upon him by this Act, and may, by poAAX'rs of attorney or otherwist', authorise such co-truste('s, or co-trustee or other person, to exi'cute, make, do, or concur in executing, making, or doing all such deeds, instrumc'uts, payments,
I’eceijits, acts, and things relating to any of such trusts, poAvers, and discretions without being accountable or responsible for any loss that may he occasiom'd thereby : Provided ahvays that no purchaser or pi'rson dealing Avith any trustees or trustee, or other person purporting to act under such delegation or authority as aforesaid, shall h(' hound or concerned to im|uire AA'hether occasion for such delegation or authority has arisen, or is or aa’us likely to arise, or as to the ])ro})riety, regularity, or sufTiciency thei’eof, or AA hether or not the same is at the time of such dealing walid and subsisting.
16. Rfpon any lands under this Act ceasing to he within the LamU ceasing to be
| said dioci'se of Lismore tlu' trustees of this Act may convey, transfer, | bê êswiTn*̂ |
or otherwise vest such lands hy conveyance, transfer, or othei’Avisc in new trustees.
noAV trustees to he appointed by them and upon and subject to such
trusts for the beiielit and advantage of the Roman Catholic Church as
they
Act, 1908.
Roman Catholic Diocese o f Lismore Church Lands.
they may set fortli iu such conveyance, transfer, or other assurance, or in tlie document making such appointment, and thereupon such lands shall cease to he lands under this Act.
| Saving clause. | 17. Nothing in this Act shall he taken to render invalid any sale, legal or c([uitahle mortgage, or any conveyance, contract, lease, or dealing made or done hona tide, and for value hy any trustees or trustee or persons or person ^mrporting to act as such as regards the lands in the Schedules hereto, or any of them, before the date of passing of this A c t; as regards lands brought under this Act before the date at which such lands arc brought thereunder; as regards particular lands vested in special trustees before the date (d: the vesting of such lands in such special trustees ; and as regards land ceasing to he within the said diocese hi'fore the date when such lands cease to he lands under this Act; hut such sale, mortgage, conveyance, contract, lease, or dealing shall continue and remain of the same validity and effect as before such dates respectively. |
| Short title. | 18. This Act may he cited as the “ Homan Catholic Diocese of Lismore Church Lands Act, |
SCIIEDIJLES.
THE FIU.ST SCHEDULE.
A ll that piece or parcel of land containing hy adnuaisureinent two roods, he the same
more or less, situated in the county of Itous, parish of Lisinore, being allotment three of section thirty-four, and being the whole of the land comprised iu Crown grant, dated the first day of December, one thousand eight hundred and seventj'-four, registered volume four hundred and sixty, folio eighty-four.
THE SECOND SCHl'lDULE.
All that piece or parcel of land containing by measurement one aci'i', be the same more or less, situated in the county of Rous, jiarish of Lismore, being allotments one and two of section thirty-four, and being the whole of the land comprised in Crown grant dated first day of December, one thousand eight hundred and seventy-four, registered volume four hundred and sixty, folio eighty-thiee.
'J-'h e
Act, 1908.
Homan Catholic Diocese o f Lismore Church Lands.
| Till-: | T i m i i ) | sc i iK D r L K . |
All Umt piec(‘ oi- |)Ui'(cl of I mil (.-imtiuiiini; liy mfiasuivnu'nt two roods, be the siuiie more or less, situated in the countv of Rous, jiuridi of Lismore, heim; allotment four of section tliirty-four, and heiiii;- the wliole of tlie land comprised iu Crown i;rant dated fifteenth day of Decemher, oii(> thousand ei^ht hundred and seventy-nine, registered volume four hundred and eighty-three, folio sixty-two.
| Till-: | T o i ' i r m | s c h e d u l e . |
Cciiificdle as to trustees of church lands in the Roman Catholic Diocese of Lismore.
T hereliy certify that \here insert names and descriptions of trustees] arc at thi> date
hereof tlie trustees of the Konian Catholic Diocese of Lismoie Church Lands ,\ct, lllOS.
| I >ated at Lismore this | dav of | one thousand nine |
| hundred and | . |
Eoman Catholic Eisliop of Tdsmorc.
Till-: d’lFTH S( l lEDrEi : .
Certificate as to special trustees of church lands in the Roman Catholic Diocese of Lismore.
I hereliy certify that [here insert names and descriptions of trustees] are at the date her(‘of s]iecial trustei-s under the dtonian Catholic Diocese of Lismore Church Lands ^\ct, I'JOS, of [here set forth description of particular lands the subject of the special trust].
| Hated at djismore this | day of | one thousand nine |
| luindred and | . |
Eoman Catholic Itishop of Lismore.
An
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