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Roman Catholic Congregation (Handmaids of Our Lord) Act 1966

Chapter 1013.

Roman Catholic Congregation (Handmaids of Our Lord) Act 1966.
Certified on: / /20 .

INDEPENDENT STATE OF PAPUA NEW GUINEA.

Chapter 1013.

Roman Catholic Congregation (Handmaids of Our Lord) Act 1966.

ARRANGEMENT OF SECTIONS.

INDEPENDENT STATE OF PAPUA NEW GUINEA.

AN ACT

entitled

Roman Catholic Congregation (Handmaids of Our Lord) Act 1966,

Being an Act to incorporate the Roman Catholic Congregation of the Little Sisters Handmaids of Our Lord, and for related purposes.

1. INTERPRETATION.

In this Act, unless the contrary intention appears–

“Congregation” means the Roman Catholic Congregation of the Little Sisters Handmaids of Our Lord, whether called by that name or any other name;

“Congregation property” includes–

(a) all churches, chapels, 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 Congregation and vested in any person as trustee, and all property acquired by the corporation under this Act;

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

“the Head of the Congregation” means the person for the time being holding the office of Mother General of the Congregation in the country and her successors in office, or a person acting for the time being in that office.

2. INCORPORATION.

(1) The Head of the Congregation is a corporation by the name of the “Roman Catholic Congregation (Handmaids of Our Lord)”.

(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 CONGREGATION PROPERTY.

The corporation shall hold all Congregation 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 Congregation houses, churches, chapels, schools, convents, rest-houses and other buildings and in connection with or for the benefit or maintenance of the Congregation or the members of the Congregation.

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 Congregation 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 Congregation property or any part of it, and to execute all proper assurances for that purpose; and

(g) to demise and lease the Congregation 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 or of the Head of the Congregation is a sufficient discharge.

6. SEAL OF CORPORATION.

The Head of the Congregation 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 Head of the Congregation or by a person authorized in writing for the purpose by the Head of the Congregation.

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 Congregation property; or

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

8. DEALINGS WITH HEAD OF CONGREGATION.

(1) On the sale, mortgage, lease or other dealing by the Head of the Congregation of or with any property, a purchaser, mortgagee, lessee or other person dealing with the Head of the Congregation 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 Head of the Congregation 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 Head of the Congregation 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 Head of the Congregation shall, as regards the purchaser, mortgagee, lessee or other person dealing with the Head of the Congregation, be deemed to be within the powers of the Head of the Congregation, and is valid accordingly.

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