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2Pte1896.Pdf (321.8Kb) ANNO QUINQUAGESIMO NON0 ET SEXAGESIMO A.D. 1896, Private Act. An Act to enable the Catholic Church Endowment Society, Incorporated, and the Trustees thereof, absolutely to sell and dispose of certain Lands, situated in South Australia, vested in said Society, subject to the Trusts of Indentures, dated res- pectively nineteenth day of August, one thousand eight hundred and forty-five, registered No. 2 I, Book 184 ; twenty-fourth day of May, one thou- sand eight hundred and forty-eight, registered No. 327, Book I I ; and eleventh day of September, one thousand eight hundred and forty-nine, regis- tered No. 378, Book 19. [Assemkid to, December r ptk, 1896.7 THEREAS thc lands referred to in the first column of the First Preamble. Scheduk hcrcto are vested in the Catholic Church Endow- mcnt Society, Incorporated, upon the trusts declared by the trust deeds referred to in the second column of the said Schedule, for the benefit and advancement of the ltornan Catholic Church in the Pro- vince of South Australia: And whereas there is no power under said trust deeds to sell the said lands, and it is expedient to authorise the sale thereof in manner hereinafter appearing-Be it therefore Enacted by the Governor, with the advice and consent of the Parliament of South Australia, as follows: 1, This Act may be cited for all purposes as .'The Catholic 8horttitle. Church Endowment Society, Incorporated, Salc of Lands Act." A 2. In 59" & 60' VICTORIA?, PRIVATE ACT. The Catholic Church Endowment Society, Incorporated, 8ule of Latrds Act.-1896. Definitiwe. 2, In this Act, unless the context otherwise requires- " Society " means " The Catholic Church Endowment Society, Incorporated " : Bishop " means the Roman Catholic Bishop of Adelaide or the person acting as Roman Catholic Bishop of Adelaide for the time being, and includes his duly appointed attorney or his executor or administrator or other the person recog- nised by the Roman Catholic Church in said province as such Bishop. Power of date. 3, It shall be lawful for the said Society, or the trustees of said Society for the time being, from time to time, with the consent in writing of the Bishop, absolutely to sell and dispose of the said lands or any part or parts thereof, with the appurtenances thereunto belonging, mentioned and described in the First Schedule hereto, which said lands were, inter aliu, convcycd to the said Society by and are now vested in the said Society by virtue of indenture dated the thirtieth day of September, one thousand eight hundred and scvcnty- four, registered No. 66, Book 288, and also all or any other lands in the said province vested in the said Society, subject to the trusts of the indentures mentioned in the first column of the First Schedulc hereto, or any of them which, in the opinion of the said Bishop and of the trustees of the said Society, are not required for the purposes of the trust on which they are held, together or in parcels, and either by public auction or private contract, or partly by public auction and partly by private contract, and for such price or prices, and subject to such conditions, terms, and stipulations as said Bishop and trustees shall think proper, with full liberty to buy in the property offered for sale at any auction, and also to rescind or alter anv contract that may be entered into for the sale thereof, or for any part thereof, and to re- sell by any means aforesaid such part thereof as may be bought in, or the contract for the sale whereof may be so rescinded as aforesaid, and upon every such sale to convey, assign, transfer, or otherwise assure the lands, or any part or parts thereof so sold, or expressed so to be, unto and to the use of the purchaser or purchasers thereof, his or their heirs and assigns, or as he or they shall direct, freed and dis- charged from the trusts affecting the same. Papment ofpurchaae- 4, The purchase-money or purchase-moneys of any lands and moneys. hereditaments so sold shall be paid to the trustees for the timc being of said Society, whose receipt shall bc an effectual discharge for same, and no person paying the same shall be bound to see to the application thereof or be responsible for any loss or misapplication thereof. Application of 5, All moneys arising from the sale of such lands shall be purchase-moneya. applied in or towards payment of the debts or liabilities of the said Society mentioned in the Second Schedule hereto. 5i3%% 60" VICTORIW, PRIVATE ACT. - The Catholic Church Enclowment Society, Incorporated, 8ule of Lads Act.-1896. 6. Any balance of said moneys remaining after payment of such Balance to be investad in the pur- debts or liabilities shall be applied in or towards the purchase of of landson lands in said province to be conveyed to or vested in said Society. lame trub. Such lands shall be held by the said Society on the trusts subject to which the lands from the sale of which moneys arose were held. 7, The power to sell conferred by this Act shd be deemed to Sell to include include power to mortgage. mortgage. In thc name and on behalf of Her Majesty, I hereby assent to this Bill. T. F. BUXTON, Governor SCHEDULES. 5g0 & 60" VICTORIS, PRIVATE ACT. me Catholic Church Endowment Society, Incorporated, Sale of Lands Act.-1896, SCHEDULES. THE FIRST SCHEDULE. l'rust Deed. Deecrlbed in ----- Bection No. 1660 in the plan of the provincial hgust lgth, 1845; survey, to the westward of the source of the registered No. Para, in the county of Adelaide, in the said 21, Book 184 province, and containing five hundred acres or thereabouts Town acre 264, Franklin-street, city of Ade- Ditto Land grant, December 23rd, laide 1837--James Hurtle Fisher to John Symonda Williams ; conveyance, dated 25th day of November, 1846 ; regis- tered No. 294, Book 7 Section 6660, hundred of Yatala, containing Ditto Deed poll or land grant, dated thirty-six acres or thereabouts 26th day of June, 1847; registered No. 3 19, Book 9 Town acre No. 330, Grote-street, city of May 24th, 1848 ; Land grant, December 23rd, Adelaide (less part hereinafter mentioned, registered No. 1837- Jamea Hurtle Fisherto subject to trust deed Beptember Ilth, 1849. 327, Book l l Thomas Whistler ; convey- Registered No. 378, Book 19) ance, dated 19th day of November, 1844 ; registered No, 253, Book 4 Town acre No. 319, and the western moiety of Ditto Conveyance, dated 2Gth day of town acre No. 318, city of Adelaide November, 1846 ; registered No. 295, Book 7 Part eighty acre section 1127, hundred of May 24th, 1848 ; Conveyance, September 1Zth, Gilbert, county of Light registered No. 1857 ; registered No. 42, 270, Book 11 Book 126 Section 117, township of Macclesfield, county Ditto Conveyance, December 29th, of Hindmarsh, containing one acre 1856, tosame ; registered No. 9, Book 113 Allotment 94 of section 21 12, provisional Ditto Convcyancc, March 23rd, survey B, Port Adelaide 1856 ; registered No. 260, Book l16 Part section 3035, hundred of Munno Para, Ditto Convcyancc, June 28th, 1861 ; county of Adelaide registered No. 1 14, Book 176 Part eighty acre section 610, provisional survey September l l th, Conveyance, January 5th, B, containing rather more than one acre 1849 ; registered 1845 ; registered No. 466, No. 378, Book 19 Book 4 Part eighty acre section 610, provisional survey Ditto Conveyance,August 24th, 1846; B registered No. 59, Book 7 Part mction 40, Hutt River survey, containing Ditto Conveyance ; registered No. two acres or thereabouts 317, Book 7 Part section 2222, containing four acres or Ditto Conveyance, May ZOth, 1848 ; thereabouts mcntioncd in trust deed All that the eastern moiety of town acre, Age- Ditto Conveyance, October 6th, 18.52; laide, No. 338. registered No. 445, Book 43. Conveyance indorsed, No- vember Sth, 1887 ; registered No. 2, Book 129 Part of two sections of land (or one of them), September llth, Conveyance, May 25th, 1848 ; No. 268 and 268, provisional survey C, town- l849 ; regis- registered No. 271, Book 11 ship of Willunga tered No. 378, Book I9 All that piece of land fronting south on Parnell- Ditto Conveyance, March %h, 1860 ; square, Gawler Town, numbered 139, con- conveyrmce, March 14th, taining half an acre ; and also that piece of 1850 ; enrolled No. 66, Book land fronting east upon Porter-street in said 7, page 84 town; weet upon Parnell-equare; and north and 0011th upon streets leading into the said square, containing half an acre Part town acre No. 320, Grote-street, Ade- Ditto Conveyance, dated 19th day of laide November. 1844, and in trust deed THE 59" & 60" VICTORIR, PRIVATE ACT. me Catholic Church Endowment Society, Iicorporated, $ale of Lands Act.-1896. THE SECOND SCHEDULE. - Name of Creditor. Amount of Debt. Secured by Memorandum of Mortgage- The Savings Bank of South Australia,. .. $4,000 l Begiatered No. 61180 Ditto 81,700 NO. 229299 Ditto %12,000 No. 306873 H. L. & F. Ayerr $7,000 No. 306978 Ditto $700 " No. 294666 Adelaide : By authority, C. E. BRIITOW,Govexnment Printer, North-tenace. B .
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