Roman Catholic Bunbury Church Property Act 1955

 

Roman Catholic Bunbury Church Property Act 1955

Contents

1.Short title1

2.Interpretation1

3.Certain property vested in Bishop of Bunbury1

4.Bishop of Bunbury to be a corporation sole2

5.Power to sell, mortgage and lease lands2

6.Land titles, registration and fees3

7.Power to appoint attorneys4

8.Vicar Capitular to act from death of Bishop until successor appointed4

First Schedule — Land vested in Bishop of Bunbury

Second Schedule — Acts overridden by section 5

Notes

Compilation table8

 

Roman Catholic Bunbury Church Property Act 1955

An Act to vest in the Roman Catholic Bishop of the Diocese of Bunbury and his successors in office the property belonging to or held in trust for or on behalf of the Roman Catholic Church within the Diocese of Bunbury, to make provision for the Bishop to deal with that property, and for other incidental purposes.

1.Short title

This Act may be cited as the Roman Catholic Bunbury Church Property Act 1955 1.

2.Interpretation

In this Act,

property means property of every kind whatsoever including legal and equitable, real and personal property, and choses in action.

3.Certain property vested in Bishop of Bunbury

The lands comprised in the instruments of title set out in the First Schedule and which are vested in the Roman Catholic Bishop of Perth, and all other property belonging to the Roman Catholic Church or held by any person in trust for or on behalf of that Church and situated within the Roman Catholic Diocese of Bunbury, shall from the coming into operation of this Act, and without the execution of any formal deed of assurance or transfer, vest absolutely and indefeasibly in the Roman Catholic Bishop for the time being of that Diocese and his successors in office, subject to the trusts, encumbrances and dispositions respectively affecting the same.

4.Bishop of Bunbury to be a corporation sole

The Roman Catholic Bishop for the time being of the Diocese of Bunbury is a corporation sole by the name of “The Roman Catholic Bishop of Bunbury” with perpetual succession and a common seal, and by and in that name may sue and be sued and has power to purchase, hold, and take property and, subject to the provisions of section 5, to sell, mortgage, lease or otherwise dispose of any property vested in him pursuant to the provisions of section 3 or acquired after the coming into operation of this Act, and in respect of any real property whether freehold or leasehold so vested or acquired, may also exercise all the powers conferred on the Bishop for the time being administering the ecclesiastical affairs of the Roman Catholic Church in Western Australia and his successors in office, by the Roman Catholic Church Lands Act 1895.

5.Power to sell, mortgage and lease lands

(1)Notwithstanding anything contained in the Acts mentioned in the Second Schedule, it is lawful for the Bishop of the Diocese of Bunbury in his corporate name as “The Roman Catholic Bishop of Bunbury” subject to any express trust or condition against alienation and to the provisions of section 7 of the Roman Catholic Church Lands Act 1895, — 

(a)to sell any lands vested in him pursuant to the provisions of section 3 of this Act and transfer or otherwise assure the same to a purchaser freed and absolutely discharged from any trust or condition affecting the lands not being an express trust or condition against alienation;

(b)to mortgage the lands to secure moneys borrowed for the purpose of paying and discharging debts already incurred and secured by existing mortgages on lands belonging to the Roman Catholic Church, or to secure moneys which may be lawfully borrowed after the coming into operation of this Act and by way of security to assure to a mortgagee and his assigns the lands freed and discharged from any trust or condition affecting the lands not being an express trust or condition against alienation; and

(c)to lease the lands for any term with or without right of renewal and either by way of building lease or otherwise and subject to such covenants, conditions, and agreements as the Bishop thinks fit to impose, notwithstanding any trust or condition affecting the lands not being an express trust or condition against leasing.

(2)For the purposes of this Act, a trust or condition expressed to be for the use or purposes or benefit of the Roman Catholic Church in general or the Roman Catholic Diocese of Bunbury in particular or in words of like import is not an express trust or condition against alienation.

(3)No purchaser, mortgagee, or lessee of any lands sold, mortgaged or leased under the provisions of this section is bound or concerned to inquire whether the power of sale, mortgage or lease was duly and regularly exercised, or to see to the application of any purchase, mortgage or other moneys, or to inquire into the necessity, regularity, or propriety of any sale, mortgage or lease, or be affected by notice that a sale, mortgage or lease is irregular, unnecessary or improper.

6.Land titles, registration and fees

The vesting of any land by this Act in “The Roman Catholic Bishop of Bunbury” shall be registered and noted under the Transfer of Land Act 1893 or the Registration of Deeds Act 1856, as the case may require, and on the respective instrument of title to that land, free of charge.

[Section 6 amended by No. 60 of 2006 s. 153.]

7.Power to appoint attorneys

The Roman Catholic Bishop of Bunbury may, from time to time, by an instrument in writing under his hand and seal, appoint one or more Priests of the Diocese of Bunbury to be his attorney or attorneys to exercise all or any of the powers conferred upon the Bishop by this Act and it shall be lawful for the attorney or attorneys so appointed, in the name and on behalf of the Roman Catholic Bishop of Bunbury, to exercise those powers accordingly, and to execute all documents required to give effect thereto.

8.Vicar Capitular to act from death of Bishop until successor appointed

Upon the death of a Roman Catholic Bishop of the Diocese of Bunbury, the Vicar Capitular duly elected by the consultors of that Diocese shall be entitled to exercise the powers and be liable to perform the duties of the Bishop until the appointment and consecration of his successor, and it shall be lawful for the Vicar Capitular to exercise those powers and to perform those duties and to execute all documents required to give effect thereto and the documents so executed shall have the same force and effect as if they had been duly executed by The Roman Catholic Bishop of Bunbury.

 

First Schedule — Land vested in Bishop of Bunbury

[s. 3]

[Heading amended by No. 19 of 2010 s. 4.]

Crown Leases Nos.

3125/1913

63/1934

670/1936

6415/1913

248/1935

100/1945

785/1921

933/1935

80/1951

1092/1926

1182/1935

446/1954

1122/1927

1185/1935

447/1954

1298/1931

1224/1935

472/1955

 

223/1936

 

Certificates of Title

Vol.  

Folio.  

Vol. 

Folio.  

Vol.  

Folio.  

3

150

657

71

1047

809

4

242

728

5

1047

810

14

387

736

199

1050

814

26

245

749

43

1052

683

34

45

769

42

1052

684

34

48

794

109

1060

198

35

120

501

148

1060

730

95

87

501

149

1065

385

95

89

501

150

1068

485

102

158

684

162

1069

271

119

89

822

55

1073

575

145

28

828

70

1076

238

215

5

851

153

1080

9

221

183

856

140

1080

296

221

185

860

174

1082

101

221

186

860

175

1082

121

221

187

860

176

1089

456

230

37

921

9

1096

666

240

188

954

105

1101

803

306

14

974

83

1103

395

344

177

980

40

1104

973

351

179

1001

104

1111

463

Vol. 

Folio.  

Vol. 

Folio.  

Vol.  

Folio.  

379

85

1001

136

1125

610

441

88

1001

153

1128

450

441

101

1004

560

1129

283

470

95

1010

480

1129

990

485

129

1010

911

1137

259

499

102

1013

603

1143

377

509

21

1014

181

1152

359

509

116

1014

852

1165

799

509

117

1020

231

1170

493

522

99

1022

271

1170

721

532

161

1025

63

1173

463

572

60

1039

794

1179

212

634

199

1043

555

1182

795

653

108

1043

955

1188

326

657

68

1047

294

 

 

Grants Enrolled in Registry of Deeds, Perth.

No. 1291; No. 2857 and No. 2976.

Second Schedule — Acts overridden by section 5

[s. 5]

[Heading amended by No. 19 of 2010 s. 4.]

An Ordinance for vesting Roman Catholic Church Lands in Western Australia in the Roman Catholic Bishop Administrator and his Successors (22 Vict. No. 4.) 3

Roman Catholic Church Lands Act 1895 (59 Vict. — Private).

Roman Catholic Church Lands Amendment Act 1902
(1 and 2 Edw. VII. — Private).

Roman Catholic Church Property Act 1911 (No. 36 of 1911).

Roman Catholic Church Property Act Amendment Act 1912 (No. 32 of 1912).

Roman Catholic Church Property Acts Amendment Act 1916 (No. 4 of 1916).

[Second Schedule amended by No. 74 of 2003 s. 149(3).]

 

Notes

1This is a compilation as at of the Roman Catholic Bunbury Church Property Act 1955 and includes the amendments made by the other written laws referred to in the following table. The table also contains information about any reprint.

Compilation table

Short title

Number and year

Assent

Commencement

Roman Catholic Bunbury Church Property Act 1955

28 of 1955

15 Nov 1955

15 Nov 1955

Reprint 1: The Roman Catholic Bunbury Church Property Act 1955 as at 7 Feb 2003 (includes amendments listed above)

Statutes (Repeals and Minor Amendments) Act 2003 s. 149(3)

74 of 2003

15 Dec 2003

15 Dec 2003 (see s. 2)

Land Information Authority Act 2006 s. 153

60 of 2006

16 Nov 2006

1 Jan 2007 (see s. 2(1) and Gazette 8 Dec 2006 p. 5369)

Standardisation of Formatting Act 2010 s. 4

19 of 2010

28 Jun 2010

11 Sep 2010 (see s. 2(b) and Gazette 10 Sep 2010 p. 4341)

2Footnote no longer applicable.

3Now cited as the Roman Catholic Church Lands Ordinance 1858.

4Other relevant Acts:

The Roman Catholic Church Lands Act 1895.

Roman Catholic Church Lands Amendment Act 1902.