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1 Geo V 1910 No 4 Roman Catholic Archbishop of Wellington

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1 Geo V 1910 No 4 Roman Catholic Archbishop of Wellington 1 GEO. V.l Roman Catholic A1'Chbishop of Wellington [1910, No. 4. 511 Empowering. New Zealand. ANALYSIS. Title. Preamble. 4. Power to Arohbishop to sell Na.pier lands. 1. Short Title. 5. Power to Arohbishop to sell Wairoalands. 2. Interpreta.tioD. 6. Application of prooeeds of sa.le. 8. La.nds to vest in the Arohbishop. Sohedules. 1910, No. 4.-Local. AN ACT to provide for the Vesting in the Archbishop of the Roman Title. Catholic Archdiocese of Wellington of certain Lands, being Part of the Town and Suburban Lands of and in the Boroughs of N apier and Wairoa, and to enable the said Archbishop to sell the said Lands, and to devote the Net Proceeds in or towards paying off Liabilities, the Removal and Re-erection of a Church, the Erection of a School and Teachers' Residence, and the General Purposes of the Roman Catholic Church in N apier and Wairoa respectively: [14t{t October, 1910. WHEREAS the land described in the First Schedule hereto was, Preamble. by deed of conveyance dated the sixth day of December, eighteen hundred and fifty-nine, and registered as Number 807 in the Deeds Registry Office at N apier, conveyed by Thomas Henry Fitzgerald, of Napier aforesaid, Superintendent of the then Province of Hawke's Bay, to the Right Reverend Joseph Philippe Viard, of the Town and Province of Wellington, Roman Catholic Bishop for the time being of ('inter alia) the Provincial District of Wellington, and to whom the said Provincial District of Wellington and other parts of the Dominion of New Zealand had theretofore been assigned as his diocese: And whereas the lands described in the Second Schedule hereto were, by deed of conveyance dated the twenty-sixth day of September, eighteen hundred and sixty-six, and registered as Number 2576, conveyed by one Philip Dolbel, of Pnketapu, in the then Province of Hawke's Bay, farmer, to the said Philip Joseph Viard, the Reverend Jean Forest, of Napier, in the Provincial District of Hawke's Bay, Roman Catholic clergyman, and the Reverend Euloge Reignier, of Meeanee, Roman Catholic clergyman: 518 1910, No. 4.] Roman Oatholic Archbishop of Wellington [1 GEO. V. Empowering. And whereas the said Philip J oseph Viard is the same person as is hereinbefore named as J oseph Philippe Viard: And whereas the lands described in the Third Schedule hereto were, by deed of conveyance dated the seventeenth day of January, eighteen hundred and seventy, and registered as Number 5187, conveyed by the above-named Philip' Dolbel to the said Jean Forest and E1lloge Reignier: And whereas the land described in the Fourth Schedule hereto was, by deed of conveyance dated the third day of May, eighteen hundred and sixty-four, and registered as Number 43384, conveyed by one Bartholomew Lorrigan, of Meeanee Flatts, settler, to the said Joseph Philippe Viard: And whereas the land and roadway described in the Fifth Schedule hereto were, by deed of conveyance dated the seventeenth day of November, eighteen. hundred and sixty-two, and registered as Number 1303, conveyed by William Maltby and William Routledge, both of N apier aforesaid, merchants, and the above-named Philip Dolbel, to the said J oseph Philippe Viard, the Roman Catholic Bishop for the time being of Wellington, reserving however to the said Philip Dolbel, his heirs and assigns, his and their tenants the occupiers for the time being of the said Suburban Section Number 77 or any part thereof, and his and their agents, servants, and workpeople, and all other persons going to or from the said Suburban Section Number 77 or any part thereof, full, free, absolute, and perpetual right of roadway and passage from, across, through, and over the roadway described in the said Fifth Schedule hereto: And whereas the land described in the Sixth Schedule hereto was, by deed of conveyance dated the first day of March, eighteen hundred and fifty-nine, and registered in the Deeds Registry Office at N apier as Number 806, conveyed by Thomas Henry Fitz­ gerald, John Watson Bain, Walter Grahame, and George Patrick Pierce, all therein named and described, to the said J oseph Philippe Viard, of Wellington, Catholic Bishop, his heirs and assigns, together with the building then being erected thereon and intended for a Roman Cathol\c church, to hold unto the said J oseph Philippe Viard, his heirs and assigns, for ever, freed from all encumbrances whatsoever: And whereas for about forty yea,rs the building then in course of erection was :used as a school for the education of children of the Roman Catholic religion, and was some time ago destroyed by fire, and a new building was then erected thereon and is now used as a school for such children: And whereas it is in contemplation, at some future time, for the convenience of such children, to have the school erected on other lands of the said Church in N apier : And whereas, by deed of conveyance dated the thirtieth day of December, eighteen hundred and seventy-nine, and registered as Number 15407, the said Jean Forest and Euloge Reignier conveyed unto the Right Reverend Francis Redwood, Bishop of the Roman Catholic Diocese of Wellington, the lands described in the Second Schedule hereto, for the purpose of vesting the same in' the said Francis Redwood and his successors, and in pursuance of the Roman Catholic Lands Act, 1876: And whereas by deed dated the thirty-first day of December, eighteen hundred and seventy-nine, and registered as Number 15408, the said Jean Forest and Euloge 1 GEO. V.] Roman Catholic Archbishop of Wellington [1910, No. 4. 519 Empowering. Reignier conveyed to the above-named Francis Redwood, Bishop of the Roman Catholic Diocese of Wellington, the lands described in the Third Schedule, for the purpose of vesting the same in the said Franois Redwood and his suooessors, and in pursuanoe of the Roman Catholio Lands Act, 1876: And whereas the said Joseph Philippe Viard, Jean Forest, and Euloge Reignier all died many years ago: And whereas none of the hereinbefore-recited deeds of conveyanoe are expressed to be upon any trust other than the trust implied in the said deeds of conveyance Numbers 15407 and 15408 by the reference therein to the Roman Catholic Lands Act, 1876: And whereas in fact all the lands comprIsed in the several deeds of oonveyanoe hereinbefore reoited were acquired by the several pur­ chasers or disponees therein named with moneys belonging to the Roman Catholic Church in oases where any moneys were paid for suoh acquisition, upon trust for the general purposes of the Roman Catholic Church in Napier, and for no other trust, intent, or pur­ pose whatsoever: And whereas none of the said deeds contained provisions for the appointment of new trustees, or for the vesting of the said lands in any new tnu:;tees so appointed upon the death, resignation, incapacity, or removal of the trustees named in the said deeds respectively: And whereas no new trustee or trusteeR has or have been appointed in place of the said Joseph Philippe Viard, and all the said lands have been continuously used and are still used for the general purposes of the Roman Catholic Church in N apier, and it is desirable that all the said lands not already vested in the Archbishop for the time being of the Roman Catholic Aroh­ diooese of Wellington should be so vested in the said Arohbishop: And whereas about forty years ago a Roman Catholio church and presbytery and other buildings (including the said school) necessary and proper for the use of the said churoh were ereoted on the 8aid lands mentioned in the First, Second, Third, Fifth, and Sixth Schedules hereto, and have been continuously used since then as a church, presbytery, school, and residence for the Brothers engaged in teaching: And whereas it has been found desirable and necessary in the interests of the said Church and of the people of the Roman Catholic religion in N apier to remove the said church to other freehold lands the property of the said Church, situated in that part of the Borough of Napier known as Port Ahuriri, which lands, being section numbered 528 on the plan of the Town of Napier, are vC'sted in the said Francis Redwood as Archbishop of Wellington: And whereas the said church has been so removed and is in course of being re-erected: And whereas, in consequence of the acquisition by the said Churoh of such other lands situated at Port Ahuriri aforesaid, the lands described in the said Schedules hereto are no longer required as a site for a church or other building connected with the said church otherwise than temporarily as a site for the said school building and for a residence for the Brothers engaged in teaching therein: And whereas the said freehold lands at Port Ahuriri aforesaid have been purchased by the said Church from the funds of the said Church: And whereas considerable liabilities have been incurred by the said Church in the acquisition of the 520 1910, No. 4.] Roman Catholio Arohbishop of Wellington [1 GEO. V. Empowering. said freehold lands at Port Ahuriri, and in oonneotion with the rebuilding of the said sohool, and with the removal of the ohuroh from the lands described in the said Schedules hereto to, and its re-ereotion on, the freehold land of the said Churoh at Port Ahuriri aforesaid: And whereas it will be necessary forthwith to erect a new residence for the Brothers engaged in teaching on the seotion numbered 431 on the plan of tpe Town of Napier, being the land described in the Sixth Schedule hereto, at a considerable expense, and it is expedient that power should be givell to the Archbishop of the said archdiooese to sell the several
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