St Mary's Convent Property Leases Act 1885

St Mary's Convent Property Leases Act 1885

Private Act1885 No 1
Date of assent10 August 1885

An Act to enable the Trustees of certain Land in the City of Auckland belonging to the Roman Catholic Religious Order of the Sisters of Mercy to grant Leases thereof for any Term not exceeding Sixty-six Years.

  • Preamble

    WHEREAS by deed of conveyance dated the fourth day of June one thousand eight hundred and fifty-nine, made between Jean Babtiste Francois Pompallier of the one part, and Ellen Maher, Maria Franklin, and Margaret Dwyer of the other part, certain land in the City of Auckland aforesaid, and comprised in the Schedule hereto, was vested in the said Ellen Maher, Maria Franklin, and Margaret Dwyer, their heirs and assigns, upon trust for purposes connected with the Convent for the Roman Catholic religious order of the Sisters of Mercy, and power was given to the said Trustees or the Trustees or Trustee for the time being, with the consent of the Roman Catholic Bishop of the Diocese of Auckland for the time being, to grant leases of the said land or any part or parts thereof for any term not exceeding twenty-one years:

    And whereas the said Trustees being dead the said land is now vested in Catherine Delany, Margaret Maria Ennis, and Annie Comerford (hereinafter called the said Trustees), which term shall be deemed to include the Trustees or Trustee for the time being of the said land:

    And whereas the said Trustees are desirous of leasing a portion of the said land, but for divers reasons it has been found that the power conferred by the said recited deed is inadequate for the purposes thereby intended, and it is deemed advisable and advantageous to extend the said power:

    And whereas it is impossible to extend the said power by any means other than by legislation:

BE IT THEREFORE ENACTED by the General Assembly of New Zealand in Parliament assembled, and by the authority of the same, as follows:—

1 Short Title

  • The Short Title of this Act is The St Mary's Convent Property Leases Act 1885.

2 Trustees may lease for sixty-six years

  • It shall be lawful for the said Trustees, with the consent in writing of the Roman Catholic Bishop of the said diocese for the time being, from time to time to lease all or any part or parts of the said land for any term not exceeding sixty-six years in possession without a covenant for renewal at a rack-rent and upon such terms and conditions and in such manner as may be deemed fit, and with the like consent to accept the surrender of any leases granted by them on such terms as may be deemed proper. No fine, premium, or foregift shall be taken.

3 May lay out streets, roads, etc

  • It shall be lawful for the said Trustees with the like consent but subject to the provisions of any Act for the time being in force relating to Municipal Corporations, to lay out streets, roads, paths, and drains through and over the said land or any part thereof, and to dedicate the same to the public or otherwise as they may deem expedient, and to cede any portion or portions of the said land for public purposes.

Schedule

ALL that piece or parcel of land in the City of Auckland being parts of Suburban Allotments Nos 14 and 17 of the Parish of Waitemata and County of Eden, having a frontage to New Street of 1970 links or thereabouts and to College Road of 729 links or thereabouts.