» D : ---t i Hon. MY. Ormond . ROMAN CATHOLIC ARCHBISHOP OF WELLINGTON EMPOWERING. [PRIVATE BILL.] ANALYSIS. TWe. Preamble. 4. Power to Archbishop to sell Napier lands. 1. Short Title. 5. Power to Archbisbop to sell Wairoa landis. 2. Interpretation. 6. Application of proceeds of sale. 3. rands to vest in the Archbishop. Schedules. A BILL INTITITLED AN AcT to provide for the Vesting in the Archhishop of the Roman Title. Catholic Archdiocese of Wellington of certain Lands, being Part of the Town and Suburban Lands of and in the Boroughs 6 of Napier and Wairoa. and to enable the said Archbishop to sell the said Lands, and to devote the Not 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 Napier 10 and Wairoa respectively. WHEREAS the land described in the First Schedule hereto was by Preamble. 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 Napier, conveyed by Thomas Henry Fitzgerald, 16 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 20 of the Dominion of New Zealand had theretofore been assigned as his diocese : And whereas the lands described in the Secolid 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 Puketapu, in 26 the then Province of Hawke's Bay, farmer, to the said Philip Joseph Via,rd, 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 : No. 32-1. 2 Roman Catholic Archbishop of Wellington Empolvering. And whereas the said Philip Joseph Viard is the same person as is hereinbefore named as Joseph 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-nairied 5 Philip Dolbel to the said Jean Forest and Euloge 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 10 Philippe Viard : And whereas the land and roadway described in the Fifth Schedale 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 15 a.bove-named Philip Dolbel, to the said Joseph 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, 20 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 8 cliedule hereto : And whereas the land described in the Sixth Schedule 25 hereto was by deed of conveyance, dated the first day of March, eighteen h undred and lifty-nine, and registered in the Deeds Registry Office at Napier 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 Joseph Philippe 30 Viard, of Wellington, Catholic Bishop, his heirs and assigns, together with the building then being created thereon and intended for a Roman Catholic 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 years the building then 35 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 40 children to have the school erected on other lands of the said church in Napier: 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 45 Roman Catholic Diocese of Wellington, the lands described in the Second Schedule hereto for the purpose of vesting the same in the said Francis liedwood 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, 50 and registered as Number 15408, the said Jean Forest and Euloge Reignier conveyed to the above-named Francis Redwodd, Bishop of t j Roniall C<ttlic,tic -4,·clibishop of Wellijigto'n Empoicerinq. 3 1 f the Roman Catholic Diocese of Wellington. the lands described in the Third Schedule 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 the said Joseph Philippe 5 Viard, Jean Forest, and Euloge Reignier all died many years :igo: And whereas none of the hereinbefore-recited deeds of conveyance 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 10 whereas in fact all the lands comprised in the several deeds of conveyance hereinbefore recited were acquired by the several purchasers or disponees therein named, with moneys belonging to the Roman Catholic Church in cases where any moneys were paid for such acquisition upon trust, for the general purposes of the Roman 16 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 trustees so appointed upon the death, resignation, incapacity, or removal of the trustees named in the 20 said deed s respectively : And whereas no new trustee or trustees has or have been appointed iii 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 Napier, and it is desirable that all the said lands not already vested 25 in the Archbishop for the time being of the Roman Catholic Arch- diocese of Wellington should be so vested iii the said Archbishop: And whereas about forty years ago a Roman Catholic church and presbytery and other buildings (including the said school) necessary and proper for the use of the said church were erected on the said 30 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 iii the interests of the said church and of the people of the Roman 36 Catholic religion in Napier 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 vested in the said Francis Redwood as Archbishop of Wellington : And 40 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 church 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 46 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 50 have been incurred by the said church in the acquisition of the said freehold lands at Port Ahuriri, and in connection with the rebuilding of the said school, and with the removal of the church 4 Ro'man Ca.t11(*ie Arollbisliop of Wellingtoit Emp(,1{:pring. from the lands described in the said Schedules hereto to and its re- erection on the freehold land of the said Church at Port Ahuriri afore- said : And whereas it will be necessary forthwith to erect a new resi- dence for the Brothers engaged in teaching on the section numbered 431 on the plan of the Town of Napier, being the land described 5 in the Sixth Schedule hereto, at a considerable expense, and it is expedient that power should be given to the Archbishop of the said archdiocese to