Nelson Diocesan Trust Board Empowering Act 1937

Nelson Diocesan Trust Board Empowering Act 1937

Private Act1937 No 2
Date of assent16 November 1937

An Act to enable the Nelson Diocesan Trust Board (Incorporated) to sell and dispose of certain Lands in the Anglican Diocese of Nelson and to apply the Net Proceeds thereof in and towards the Purchase of a Permanent Residence for the Bishop of Nelson within the City of Nelson.

  • Preamble

    WHEREAS James Wilfred Marsden, deceased, late of Stoke, in the Provincial District of Nelson, by his last will and testament devised the lands described in the Schedule hereto, together with the buildings thereon, unto the Nelson Diocesan Trust Board (Incorporated) upon trust as and for the permanent residence of the Bishop of the Diocese of Nelson and his successors in office for all time, and with and subject to certain directions, powers, and provisions therein set out: And whereas it was in the said will and testament provided that the said Board should have no power to sell, mortgage, or alienate any part or parts of the said lands and premises: And whereas by reason of the unsuitability of the locality of the said lands and the buildings thereon for a residence of the said Bishop and his successors the terms of the trust cannot be given effect to: And whereas it is desirable that the terms of the trust should as nearly as may be be given effect to by the sale of the said lands and the application of the net proceeds of such sale in and towards purchasing a residence for the said Bishop and his successors: And whereas the powers requisite to enable the said Board to sell such lands are attainable only 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

  • This Act may be cited as the Nelson Diocesan Trust Board Empowering Act 1937.

2 Authorizing Nelson Diocesan Trust Board to sell certain lands now held by it in trust

  • Subject to any existing lease or any contract heretofore made and existing in respect thereof, it shall be lawful for the Nelson Diocesan Trust Board (Incorporated) to sell and dispose of the buildings on the said lands described in the Schedule hereto or any of them for removal, and to sell and dispose of the said lands or any part or parts thereof with or without the said buildings, and in either case either by public auction or private contract, and at such time or times and upon such terms and conditions in all respects as the said Board may deem fit, and to convey, transfer, and assure the same to any purchaser or purchasers freed and discharged of and from the said trust, and to apply the net proceeds thereof, after providing for the necessary cost and expenses thereof, in or towards the purchase of lands and buildings or towards the purchase of lands and erecting buildings thereon as a permanent residence for the Bishop of Nelson and his successors for all time, and pending the application of such proceeds as aforesaid to invest any moneys arising from the sale or disposition of such buildings and lands or any part thereof in any manner in which trustees may lawfully invest trust-moneys, and apply the income arising therefrom in and towards the same purposes to which the principal moneys are appropriated by this Act, or, in the discretion of the said Board, in maintaining the land and buildings at present occupied by the Bishop of Nelson as a residence.

3 Protection of purchaser

  • The receipt in writing of the said Board shall effectually discharge every purchaser or other person paying any moneys in respect of such sales therefrom and from being bound to see or inquire as to the application thereof, or being responsible for any loss, misapplication, or non-application thereof.

4 Private Act

  • This Act shall be deemed to be a private Act.

Schedule

ALL that parcel of land contained in certificate of title 70/54 Nelson, containing 51 acres 3 roods 28 perches, more or less, being Lot 2 on plan deposited in the Land Registry Office at Nelson under No 2072, and being part of Sections 47, 49, and 50, Suburban South, situated in Block IV, Waimea Survey District.