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Western Australia
Roman Catholic Church Lands
Ordinance 1858
Reprint 1: The Ordinance as at 7 February 2003
Guide for using this reprint
What the reprint includes
Ordinance as
first enacted
legislative
amendment
s
changes under the
Reprints Act 1984
this reprint
Endnotes, Compilation table, and Table of provisions that have not come
into operation
1. Details about the original Ordinance and legislation that has amended its text
are shown in the Compilation table in endnote 1, at the back of the reprint.
The table also shows any previous reprint.
2. Validation, transitional, savings, or other provisions identified in the
Compilation table may be important. The table may refer to another endnote
setting out the text of these provisions in full.
3. A table of provisions that have not come into operation, to be found in
endnote 1a if it is needed, lists any provisions of the Ordinance being
reprinted that have not come into operation and any amendments that have
not come into operation. The full text is set out in another endnote that is
referred to in the table.
Notes amongst text (italicised and within square brackets)
1. If the reprint includes a section that was inserted, or has been amended, since
the Ordinance being reprinted was passed, editorial notes at the foot of the
section give some history of how the section came to be as it is. If the section
replaced an earlier section, no history of the earlier section is given (the full
history of the Ordinance is in the Compilation table).
Notes of this kind may also be at the foot of Schedules or headings.
2. The other kind of editorial note shows something has been —
•
removed (because it was repealed or deleted from the law); or
•
omitted under the Reprints Act 1984 s. 7(4) (because, although still
technically part of the text, it no longer has any effect).
The text of anything removed or omitted can be found in an earlier reprint
(if there is one) or one of the written laws identified in the Compilation table.
Reprint numbering and date
1. The reprint number (in the footer of each page of the document) shows how
many times the Ordinance has been reprinted. For example, numbering a
reprint as “Reprint 3” would mean that the reprint was the 3rd reprint since the
Ordinance was passed. Reprint numbering was implemented as from
1 January 2003.
2. The information in the reprint is current on the date shown as the date as at
which the Ordinance is reprinted. That date is not the date when the reprint was
published by the State Law Publisher and it is probably not the date when the
most recent amendment had effect.
Reprinted under the
Reprints Act 1984 as
at 7 February 2003
Western Australia
Roman Catholic Church Lands Ordinance 1858
CONTENTS
1.
2.
3.
Lands held in trust for Roman Catholic Church to vest
in Bishop on trust
Future lands to be vested in Roman Catholic Bishop
Short title
2
2
2
Notes
Compilation table
Reprint 1
3
page i
Reprinted under the
Reprints Act 1984 as
at 7 February 2003
Western Australia
Roman Catholic Church Lands Ordinance 1858
An Ordinance for vesting Roman Catholic Church lands in Western
Australia in the Roman Catholic Bishop administrator and his
successors.
Preamble
Whereas several lands in various districts throughout the Colony of
Western Australia, have been from time to time granted to and vested in
certain persons as Trustees for various religious purposes connected with
the Roman Catholic Church in the said Colony: And whereas churches,
chapels, convents, and other buildings have been erected on some of such
lands, and other of such lands have been used for purposes of Christian
burial: And whereas it is expedient that the provisions hereinafter
contained should be enacted: Be it therefore enacted by His Excellency
the Governor of the said Colony and its Dependencies, by and with the
advice and consent of the Legislative Council thereof: —
Reprint 1
page 1
Roman Catholic Church Lands Ordinance 1858
s. 1
1.
Lands held in trust for Roman Catholic Church to vest in
Bishop on trust
That all estate, right, and title, legal and equitable, in and to all
churches, buildings, convents, monasteries, lands and premises
in the said Colony belonging to and used in connection with the
Roman Catholic Church, and now vested in any person or
persons whomsoever as a trustee or trustees, shall from and after
the passing of this Ordinance, by virtue hereof, and without the
necessity of any formal deed of assurance, be divested from
such person or persons and vest absolutely and indefeasibly in
the Roman Catholic Bishop for the time being administering the
ecclesiastical affairs of the Roman Catholic Church in the said
Colony and his successors in the said office, upon the trusts
mentioned and contained in the several deeds or other
assurances in the law, granting and conveying such churches,
buildings, convents, monasteries, lands and premises to such
person or persons as a trustee or trustees as aforesaid.
2.
Future lands to be vested in Roman Catholic Bishop
That the estate in all lands and premises which shall be hereafter
granted and conveyed by any person or persons for Roman
Catholic Church purposes shall 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 may be imposed by the donors and
grantors thereof as conditions of their grant.
3.
Short title
This Ordinance may be cited as the Roman Catholic Church
Lands Ordinance 1858 1.
[Section 3 inserted by No. 81 of 1966 s. 2.]
page 2
Reprint 1
Roman Catholic Church Lands Ordinance 1858
Notes
1
This reprint is a compilation as at 7 February 2003 of the Roman Catholic Church
Lands Ordinance 1858 and includes the amendments made by the other written
laws referred to in the following table 3.
Compilation table
Act or Ordinance
Untitled 2
Number
and year
22 Vict.
No. 4
Statute Law Revision (Short 81 of 1966
Titles) Act 1966 s. 2
Assent
Commencement
17 Sep 1858 17 Sep 1858
12 Dec 1966 12 Dec 1966
2
Now known as the Roman Catholic Church Lands Ordinance 1858; short title
inserted (see note under s. 3).
3
This Ordinance is affected by the following Acts:
The Roman Catholic Church Lands Act 1895
Roman Catholic Church Lands Amendment Act 1902
Roman Catholic Church Property Act 1911
Roman Catholic Church Property Act Amendment Act 1912
Roman Catholic Church Property Acts Amendment Act 1916.
Other relevant Acts:
Roman Catholic Geraldton Church Property Act 1925
Roman Catholic New Norcia Church Property Act 1929
Roman Catholic Bunbury Church Property Act 1955
Roman Catholic Bishop of Broome Property Act 1957.
By Authority: JOHN A. STRIJK, Government Printer