Western Australia: Roman Catholic Bunbury Church Property Act 1955 (WA)

Western Australia Roman Catholic Bunbury Church Property Act 1955 Western Australia Roman Catholic Bunbury Church Property Act 1955 Contents 1. Short title 1 2. Term used: property 1 3. Certain property vested in Bishop of Bunbury 1 4. Bishop of Bunbury to be a corporation sole 2 5. Power to sell, mortgage and lease lands 2 6. Land titles, registration and fees 3 7. Power to appoint attorneys 4 8. Vicar Capitular to act from death of Bishop until successor appointed 4 First Schedule — Land vested in Bishop of Bunbury Second Schedule — Acts overridden by section 5 Notes Compilation table 8 Defined terms Western Australia 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. Term used: property 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; and (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: 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: 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 463 379 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: 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.) 2 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: No. 74 of 2003 s. 149(3).] Notes 1 This reprint is a compilation as at 10 October 2014 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 3. 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 (4 Eliz. II No. 28) 15 Nov 1955 15 Nov 1955 Reprint 1: The Roman Catholic Bunbury Church Property Act 1955 as at 7 Feb 2003 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) Reprint 2: The Roman Catholic Bunbury Church Property Act 1955 as at 10 Oct 2014 (includes amendments listed above) 2 Now cited as the Roman Catholic Church Lands Ordinance 1858. 3 Other relevant Acts: the Roman Catholic Church Lands Act 1895 and the Roman Catholic Church Lands Amendment Act 1902. Defined terms [This is a list of terms defined and the provisions where they are defined. The list is not part of the law.] Defined term Provision(s) property 2