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Roman Catholic Archdiocese of Rabaul Act 1969

Chapter 1012.

Roman Catholic Archdiocese of Rabaul Act 1969.
Certified on: / /20 .

INDEPENDENT STATE OF PAPUA NEW GUINEA.

Chapter 1012.

Roman Catholic Archdiocese of Rabaul Act 1969.

ARRANGEMENT OF SECTIONS.

INDEPENDENT STATE OF PAPUA NEW GUINEA.

AN ACT

entitled

Roman Catholic Archdiocese of Rabaul Act 1969,

Being an Act to incorporate the Roman Catholic Archdiocese of Rabaul, and for related purposes.

1. INTERPRETATION.

In this Act, unless the contrary intention appears–

“the Archbishop” means the person for the time being holding the office of Roman Catholic Archbishop of Rabaul and his successors in office, or a person for the time being acting in that office;

“Archdiocesan property” includes–

(a) all churches, dwellings and other buildings; and

(b) all freehold and leasehold lands and premises; and

(c) all personal property,

in the country belonging to or used in connection with the Archdiocese and vested in any person as trustee, and all property acquired by the corporation by virtue of the powers contained in this Act;

“the Archdiocese” means the Roman Catholic Archdiocese of Rabaul, whether called by that name or any other name;

“the corporation” means the corporation constituted by this Act.

2. INCORPORATION.

(1) The Archbishop is a corporation by the name of the “Roman Catholic Archdiocese of Rabaul”.

(2) The corporation–

(a) has perpetual succession; and

(b) shall have a seal; and

(c) has power to acquire, hold, manage and control, and may grant, transfer, mortgage, demise, sell, dispose of, create or reserve easements in or over or otherwise deal with, property of any kind; and

(d) may sue and be sued in its corporate name.

3. HOLDING OF ARCHDIOCESAN PROPERTY.

The corporation shall hold all Archdiocesan property on trust to use and appropriate it, or permit the use and appropriation of it, for the purposes of the erection and maintenance of Archdiocesan houses, schools, convents, presbyteries, rest-houses and other buildings and for other purposes in connection with or for the benefit or maintenance of the Archdiocese.

4. POWERS OF CORPORATION.

The corporation has power–

(a) to purchase, take on lease, acquire by gift, devise, exchange or otherwise, property in the country; and

(b) to sell the Archdiocesan property or any part of it, together or in parcels, by public auction or private contract, for cash or on credit, on such terms and subject to such conditions as the corporation thinks proper; and

(c) to exchange the property or any part of it for other property; and

(d) to transfer and assure the property when sold or exchanged to the purchaser or to the person taking the exchange, freed and discharged from any trusts affecting it; and

(e) for all or any of the purposes referred to in Paragraphs (a), (b), (c) and (d) to sign, seal and execute all such contracts, transfers and other deeds, documents and instruments as are necessary; and

(f) to raise sums of money when and on such terms as the corporation thinks proper, by deposit of the deeds or by mortgage, with or without power of sale, of the Archdiocesan property or any part of it, and to execute all proper assurances for that purpose; and

(g) to demise and lease the Archdiocesan property or any part of it for such periods, at such rents and on such terms and conditions as the corporation thinks proper; and

(h) to appoint by instrument under the seal of the corporation any person as the attorney of the corporation, generally or in respect of specified matters, and to act in any place, and all deeds signed by the attorney on behalf of the corporation and under his seal are binding on the corporation and have the same effect as if they were under the seal of the corporation.

5. RENTS, ETC.

A lessee, mortgagee, purchaser, person taking on exchange or other person paying rent or other money to the corporation is not bound to see to the application of the rent or other money, and the receipt of the corporation is a sufficient discharge.

6. SEAL OF CORPORATION.

The Archbishop shall provide for the safe custody of the seal of the corporation, and every instrument to which the seal is affixed shall be signed by the Archbishop.

7. CONDITIONS OF GRANT, ETC.

This Act does not affect–

(a) the trusts, conditions or restrictions declared or imposed by the original grant, dedication or gift of any Archdiocesan property; or

(b) the provisions of any law under which any land forming part of the Archdiocesan property has been granted or leased

8. DEALINGS WITH ARCHBISHOP.

(1) On the sale, mortgage, lease or other dealing by the Archbishop of or with any property, a purchaser, mortgagee, lessee or other person dealing with the Archbishop is not bound in any way to inquire into the necessity or propriety of the sale, mortgage, lease or other dealing or the purposes for which, or the circumstances in which, the Archbishop proposes to enter into, make, give or execute a sale, mortgage, lease or other dealing.

(2) A purchaser, mortgagee, lessee or other person dealing with the Archbishop is not bound in any way to inquire into the regularity of the sale, mortgage, lease or other dealing.

(3) Notwithstanding any irregularity or impropriety in a sale, mortgage, lease or other dealing, a sale, mortgage, lease or other dealing purporting to be made by the Archbishop shall, as regards the purchaser, mortgagee, lessee or other person dealing with the Archbishop, be deemed to be within the powers of the Archbishop, and is valid accordingly.

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