Roman Catholic Church (Northern Lands) Vesting Act 1941


Queensland Crest
Roman Catholic Church (Northern Lands) Vesting Act 1941

An Act to enable the vesting of certain real and personal property in a body corporate to be constituted pursuant to the Religious Educational and Charitable Institutions Act 1861 and the Religious, Educational, and Charitable Institutions Act 1861 Amendment Act 1895 in the name and style of ‘The Roman Catholic Trust Corporation for the Diocese of Cairns’ and in a body corporate constituted under the firstmentioned Act under the name and style of ‘The Vicar Provincial of the Order of the Hermits of Saint Augustine in Queensland’ and for other purposes

Preamble

1Pursuant to letters patent dated 21 January 1926, issued under the hand of His Excellency the Lieutenant-Governor of Queensland and the Public Seal of the said State, by virtue of the provisions of the Religious Educational and Charitable Institutions Act 1861 John Heavey of Cairns in the State holding and exercising the office of Roman Catholic Bishop and Vicar Apostolic of the Vicariate Apostolic of Cooktown in the Roman Catholic Church was constituted a body corporate by the name and style of ‘The Vicar Apostolic of the Vicariate Apostolic of Cooktown’ (the previous corporation).
2On 14 July 1941, that part of North Queensland formerly known as the Vicariate Apostolic of Cooktown was elevated to a diocese with the name of Cairns and the said John Heavey was appointed first bishop of the said diocese.
3It is now desired pursuant to the powers and authorities contained in the Religious, Educational, and Charitable Institutions Act 1861 Amendment Act 1895 to cancel the letters patent constituting such previous corporation.
4Application has been made to the Governor in Council pursuant to the Religious Educational and Charitable Institutions Act 1861 that letters patent be issued under the hand of the Governor for the time being and the Public Seal of the State, constituting the said John Heavey together with Thomas Hunt, Patrick Joseph Hickey and James William Larkin being persons holding and exercising certain offices in the Roman Catholic Church to be a body corporate by the name and style of ‘The Roman Catholic Trust Corporation for the Diocese of Cairns’ (the proposed new corporation).
5On the issue of such letters patent constituting the proposed new corporation it is desired that certain lands being freehold land in the names of various registered proprietors shall be vested in the proposed new corporation. Sch 1
6Such freehold lands are more particularly described in schedule 1.
7On the issue of such letters patent constituting the proposed new corporation it is desired that certain leasehold lands in the names of various lessees shall be vested in the said proposed new corporation. Sch 2
8The said leases are more particularly described in schedule 2.
9Pursuant to letters patent dated 22 May 1935, issued under the hand of His Excellency the Lieutenant-Governor of Queensland and the Public Seal of the State by virtue of the provisions of the Religious Educational and Charitable Institutions Act 1861 Joseph Phelan holding and exercising a certain office (namely Vicar Provincial of the Order of the Hermits of Saint Augustine in Queensland) in the Roman Catholic Church was constituted a body corporate by the name and style of ‘The Vicar Provincial of the Order of the Hermits of Saint Augustine in Queensland’.
10It is desired that certain land being freehold land in the names of various registered proprietors shall be vested in the said lastmentioned corporation. Sch 3
11The said freehold lands are more particularly described in schedule 3.
12It is desirable to give effect to such vesting as hereinbefore referred to.

1Short title

This Act may be cited as the Roman Catholic Church (Northern Lands) Vesting Act 1941 .

2Definitions

In this Act—
Corporation of the Vicar Provincial means ‘The Vicar Provincial of the Order of the Hermits of Saint Augustine in Queensland’ a body corporate constituted under that name and style pursuant to letters patent dated the 22 May 1935, issued under the hand of the Lieutenant-Governor of the State and the Public Seal of the said State, by virtue of the provisions of the Religious Educational and Charitable Institutions Act 1861 as referred to in the preamble.
proposed new corporation means the body corporate for which application has been made to the Governor in Council for the issue of letters patent under the hand of the Governor for the time being and the Public Seal of the said State, by virtue of the provisions of the Religious Educational and Charitable Institutions Act 1861 ; to constitute such corporation by the name and style of ‘The Roman Catholic Trust Corporation for the Diocese of Cairns’ as referred to in the preamble.

3Vesting of lands in the Roman Catholic Trust Corporation for the Diocese of Cairns—schs 1 and 2

On the issue by the Governor in Council of letters patent as referred to in the preamble and in section 2, all lands, tenements, hereditaments, and leases, being the lands, tenements, hereditaments, and leases more particularly described in schedules 1 and 2, together with all rights, easements, interests, and appurtenances thereto shall without any conveyance or assignment or transfer or other assurance other than the authority of this Act be divested from the persons who at the passing of this Act are the registered proprietors or lessees, as the case may be, and shall be conveyed and transferred to and shall vest in the proposed new corporation (being ‘The Roman Catholic Trust Corporation for the Diocese of Cairns’) as registered proprietor for an estate in fee simple in possession or as lessee, as the case may be, completely freed and discharged from the trusts (if any) under which at the passing of this Act the same are held, but subject to any encumbrances, leases, or other interests affecting the same and for the purposes of the proposed new corporation; and all personal property of whatsoever description being improvements on the said lands, tenements, hereditaments, and leases, shall without any conveyance or transfer other than the authority of this Act vest in the proposed new corporation as owner thereof absolutely.

3AVesting of certain lands in the Roman Catholic Trust Corporation for the Diocese of Cairns

(1)The estate in fee simple in the lands set out and described in schedule 4 and the improvements thereon are hereby divested from the persons who at the passing of this Act are the registered proprietors and shall be conveyed and transferred to and vest in and it is hereby declared always have on and from the issue of the letters patent referred to in section 3 been vested in The Roman Catholic Trust Corporation for the Diocese of Cairns completely freed and discharged from the trusts (if any) under which the same are then held.
(2)The provisions of this Act shall apply in relation to the lands set out and described in schedule 4 as if schedule 4 were part of schedule 1.

s 3A ins Roman Catholic Church (Northern Lands) Vesting Act Amendment Act 1981 s 2

4Vesting of lands in the Vicar Provincial of the Order of Hermits of Saint Augustine in Queensland—sch 3

All lands tenements and hereditaments being the lands tenements and hereditaments more particularly described in schedule 3 together with all rights easements interests and appurtenances thereto shall without any conveyance or assignment or transfer or other assurance other than the authority of this Act be divested from the persons who at the passing of this Act are the registered proprietors, and shall be conveyed and transferred to and shall vest in the Corporation of the Vicar Provincial of the Order of the Hermits of Saint Augustine in Queensland (as referred to in the preamble and in section 2) (the Corporation of the Vicar Provincial) as registered proprietor for an estate in fee simple in possession completely freed and discharged from the trusts (if any) under which at the passing of this Act the same are held but subject to any encumbrances leases or other interests affecting the same and for the purposes of the aforesaid corporation; and all personal property of whatsoever description being improvements on the said lands tenements and hereditaments shall without any conveyance or transfer other than the authority of this Act vest in the aforesaid corporation as owner thereof absolutely.

5Powers of the proposed new corporation—schs 1 and 2

(1)The proposed new corporation shall (when the required letters patent are issued in regard thereto) be entitled at all times to exercise as registered proprietor in respect of the lands referred to in schedule 1 when so conveyed, transferred, and vested in the said proposed new corporation, and as registered lessee in respect of the leases referred to in schedule 2, and as owner of the personal property conveyed to and vested in the proposed new corporation as aforesaid such powers, rights, and remedies as shall be permitted and allowed by the Religious Educational and Charitable Institutions Act 1861 and the Religious, Educational, and Charitable Institutions Act 1861 Amendment Act 1895 and the Land Title Act 1994 and by the constitution and rules for the time being of the proposed new corporation.
(2)Powers of the Corporation of the Vicar Provincial—sch 3
The Corporation of the Vicar Provincial shall be entitled at all times to exercise as registered proprietor in respect of the lands referred to in schedule 3 so conveyed transferred and vested in such corporation and as owner of the personal property conveyed to and vested in such corporation as aforesaid such powers rights and remedies as shall be permitted and allowed by the Religious Educational and Charitable Institutions Act 1861 and the Religious, Educational, and Charitable Institutions Act 1861 Amendment Act 1895 and the Land Title Act 1994 and by the constitution and rules for the time being of the said corporation.

6Power to mortgage

(1)In addition to such powers it shall and may be lawful for the proposed new corporation (when the required letters patent are issued in regard thereto) and for the Corporation of the Vicar Provincial, form time to time and at all times hereafter to borrow moneys upon the security of all or any of the lands, tenements, hereditaments, and leases, and other property hereby to be conveyed or transferred to and vested in the proposed new corporation, and conveyed transferred to and vested in the Corporation of the Vicar Provincial, as the case may be, and for such purposes to execute in such form as the proposed new corporation and the Corporation of the Vicar Provincial, as the case may be, may deem fit such mortgages, bills of sale, and other securities as the proposed new corporation, and the Corporation of the Vicar Provincial, as the case may be, may deem necessary.
(2)Every mortgage made or given in pursuance of the powers aforesaid may contain a power of sale by the mortgagees their executors, administrators, or assigns in case of default in payment of any principal or interest moneys secured by such mortgage or of breach of any of the conditions therein contained.

7Power to lease

(1)It shall be lawful for the proposed new corporation (when the required letters patent are issued in regard thereto) and for the Corporation of the Vicar Provincial in respect of any of the lands by this Act to be vested in the proposed new corporation, and vested in the Corporation of the Vicar Provincial, as the case may be, from time to time to lease or sublet the said lands or any portion or portions thereof for any term not exceeding 21 years upon such terms and conditions as it deems proper.
(2)Every lease or sublease granted in pursuance of the powers aforesaid may be surrendered and a new lease or sublease of the whole or any portion of the land comprised in any surrendered lease or sublease may be granted subject to the provisions of this Act with regard to the granting of a lease or sublease.

8Power to sublet in case of mining and other leases—sch 2

(1)It shall be lawful for the proposed new corporation (when the required letters patent are issued in regard thereto) in respect of all or any of the mining leases referred to in schedule 2 to sublease all or any of such mining leases, and the provisions of the Mining Acts in relation to mining leases shall, mutatis mutandis, where necessary apply and extend accordingly.
(2)It shall be lawful for the proposed new corporation (when the required letters patent are issued in regard thereto) in respect of all or any of the leases under the Sugar Works Act 1911 referred to in schedule 2 to sublease all or any of such leases and the provisions of the Sugar Works Act 1911 shall, mutatis mutandis, where necessary apply and extend accordingly.

9Power to sell

In addition the powers, rights, and remedies conferred by this Act it shall and may be lawful for the proposed new corporation (when the required letters patent are issued in regard thereto) and for the Corporation of the Vicar Provincial from time to time and at all times hereafter to sell by public auction or private contract any of the property real or personal vested by this Act in the proposed new corporation (when the letters patent are issued in regard thereto) and the Corporation of the Vicar Provincial as it may deem expedient and at such prices and upon such terms and conditions as the proposed new corporation and the Corporation of the Vicar Provincial, as the case may be, may deem fit and when sold to convey the same or any part thereof, and thereupon the same shall vest in the purchasers their heirs, executors, administrators, or assigns according to the estate and interest of the proposed new corporation and the Corporation of the Vicar Provincial, as the case may be, therein absolutely freed and discharged from any trusts affecting the same.

10Receipts for mortgage and purchase

The receipt in writing of the proposed new corporation and the Corporation of the Vicar Provincial, as the case may be, or of any person or persons authorised by the proposed new corporation and the Corporation of the Vicar Provincial, as the case may be, in writing to receive the same for the moneys borrowed on the security of any property mortgaged, or for the purchase-money of any property sold, under this Act, by the proposed new corporation and the Corporation of the Vicar Provincial, as the case may be, or for rents in respect of leases, or for any moneys which shall be payable to the proposed new corporation and the Corporation of the Vicar Provincial, as the case may be, when exercising its powers conferred by this Act shall exonerate the mortgagee and all other persons for the time being paying such moneys to the proposed new corporation and the Corporation of the Vicar Provincial, as the case may be, and he, she or they shall not be bound or required to see to the application thereof or be affected by the misapplication or non-application thereof.

11Income and profits

The income, rents, profits, and proceeds of sale and moneys borrowed as aforesaid shall be applied by the proposed new corporation and the Corporation of the Vicar Provincial as the case may be to and for such uses as the proposed new corporation and the Corporation of the Vicar Provincial as the case may be shall in its discretion and in accordance with the constitution, rules, and practice of the proposed new corporation and the Corporation of the Vicar Provincial as the case may seem fit.

12Preservation of rights

(1)Nothing in this Act contained or that may be done under this Act shall be deemed prejudicially to affect or to deprive any person of any right or interest whatsoever to which the person at the passing of this Act is entitled, whether arising out of contract or tort and any such right or interest which may at the time of the passing of this Act be enforceable against the proposed new corporation and the Corporation of the Vicar Provincial as the case may be, or any person in whom the lands or property have heretofore been vested, and in respect of which right or interest the property (in the case of the proposed new corporation) to be conveyed, transferred, and vested in the case of the Corporation of the Vicar Provincial hereby conveyed transferred and vested has heretofore been liable may be enforced against the proposed new corporation and the Corporation of the Vicar Provincial as the case may be.
(2)However, no such right or interest shall be enforceable against the members of the proposed new corporation or the Corporation of the Vicar Provincial as the case may be or any of them personally.

13Vesting of property on the dissolution of the Corporation of the Vicar Apostolic of the Vicariate Apostolic of Cooktown

(1)On the cancellation of the letters patent and the concomitant dissolution of the Corporation of the Vicar Apostolic of the Vicariate Apostolic of Cooktown as referred to in the preamble pursuant to section 4 of the Religious, Educational, and Charitable Institutions Act 1861 Amendment Act 1895 (in this section called the dissolved corporation) it is hereby declared that, unless the order in council (as referred to in the Religious, Educational, and Charitable Institutions Act 1861 Amendment Act 1895 , section 5(1)) cancelling the aforesaid letters patent otherwise provides, all the property real or personal of the dissolved corporation shall without any conveyance or assignment or transfer or other assurance other than this Act and for the purposes of the Real Property Act 1861 vest in the proposed new corporation (when the required letters patent are issued in regard thereto) as registered proprietor, or as lessee, or as owner as the case may be and to the intent that the provisions of this Act shall be as effective as a transfer duly executed by the dissolved corporation immediately before its dissolution.
(1A)However, all property so vested in the proposed new corporation shall be vested for the same estate and interest and to the same uses and upon the same trusts and subject to the same powers, provisions, encumbrances and liabilities for, to, upon and subject to which such property was held immediately before the same became so vested.
(2)The provisions of sections 5 to 12 and 14 and 15 shall with any necessary modifications apply and extend to all matters and things referred to in this section.

14Duty of registrar of titles in respect of proposed new corporation—sch 1

(1)The registrar of titles (including in such term any deputy registrar of titles) shall on application made by or on behalf of the proposed new corporation (when the required letters patent are issued in that regard) in respect of the lands under the Real Property Act 1861 to be conveyed, transferred to, and vested in the proposed new corporation by virtue of this Act (and described in schedule 1) register the proposed new corporation as registered proprietor of the lands concerned, and for that purpose shall issue any certificate of title or deed of grant and make such endorsement or endorsements and make any such entry in the registers as may be necessary and proper for the purposes of this Act.
(2)Duty of registrar of titles in respect of Corporation of Vicar Provincial—sch 3
The registrar of titles shall on application made by or on behalf of the Corporation of the Vicar Provincial in respect of the lands under the Real Property Act 1861 conveyed transferred to and vested in such corporation by virtue of this Act (and described in schedule 3) register such corporation as registered proprietor of the lands concerned, and for that purpose shall issue any certificate of title or deed of grant and make such endorsement or endorsements and make any such entry in the registers as may be necessary and proper for the purposes of this Act.

15Duty of secretary for mines and other registration officers—sch 2

(1)The secretary for mines (or the proper officer of the Mines Department) and the proper officer in respect of the Sugar Works Act 1911 on application made by or on behalf of the proposed new corporation shall respectively by virtue of this Act register the proposed new corporation as lessee or cause it to be so registered in respect of the leases so to be conveyed or transferred to or vested in the proposed new corporation (being the leases described in schedule 2) and shall respectively issue any document or documents necessary for that purpose and make such endorsement or endorsements and make any such entry in the registers as may be necessary and proper for the purposes of this Act.
(2)Any other proper officer of any other registry concerned shall, in like manner, observe, mutatis mutandis, the provisions of this section.

16Notification in gazette

A notification in the gazette by the Minister administering the Religious Educational and Charitable Institutions Act 1861
(a)as to the cancellation, pursuant to the provisions of the Religious, Educational, and Charitable Institutions Act 1861 Amendment Act 1895 of the letters patent constituting the body corporate under the name and style of ‘The Vicar Apostolic of The Vicariate Apostolic of Cooktown’ (as referred to in the preamble); and
(b)as to the issue of letters patent under the firstmentioned Act constituting the body corporate under the name and style of ‘The Roman Catholic Trust Corporation for the Diocese of Cairns’ (as referred to in the preamble and section 2);
shall be sufficient evidence of such cancellation of the letters patent (referred to in paragraph (a)) and of such issue of the letters patent (referred to in paragraph (b)) for the purposes of this Act.

Schedule 1

graphic image

graphic image

graphic image

graphic image

graphic image

graphic image

graphic image

Schedule 2

1Mineral homestead lease no. 238, volume 33, folio 51, under the Mineral Homestead Leases Act 1891 , Mining District of Walsh and Tinaroo, County of Cardwell, Parish of Mullaburra, allotment 14 of section 13, Town of Mount Garnet, containing 1 rd 10 p in the name of Thomas William O’Brien.
2Miner’s homestead lease no. 319, volume 108, folio 66, under the Mining Act 1898 , Proclaimed Field of Walsh and Tinaroo, County of Cardwell, Parish of Mullaburra, Town of Coolgarra, containing 2 rd in the name of Thomas William O’Brien.
3Lease no. N76897, under the Sugar Works Act 1911 , County of Nares, Parish of Bellenden Ker, Town of Babinda, allotment 13 of section 2 of portion 129, described in deed of grant no. N9151, volume 178, folio 5, containing 1 rd in the name of John Heavey.
4Lease no. N81300, under the Sugar Works Act 1911 , County of Nares, Parish of Bellenden Ker, Town of Babinda, allotment 14 of section 2 of portion 129, described in deed of grant no. N9151, volume 178, folio 5, containing 1 rd in the name of John Heavey.

Schedule 3

graphic image

graphic image

Schedule 4

graphic image

graphic image

sch 4 ins Roman Catholic Church (Northern Lands) Vesting Act Amendment Act 1981 s 3