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Act Repealed Latest version as at 13 July 1951 (as enacted) | 1951 No 2

Roman Catholic Bishops Empowering Act 1951

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Act Repealed Latest version as at 13 July 1951 (as enacted) | 1951 No 2

Roman Catholic Bishops Empowering Act 1951

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Roman Catholic Bishops Empowering Act 1951

Private Act
  
1951 No 2
Date of assent
  
13 July 1951
 

Contents

An Act to extend the provisions of the Roman Catholic Lands Act 1876 and the Roman Catholic Lands Extension Act 1890, and for other purposes.

Preamble.

WHEREAS by the Roman Catholic Lands Act 1876, as extended by the Roman Catholic Lands Extension Act 1890, the Roman Catholic Bishops and Archbishops of the several dioceses existing in New Zealand were each created a corporation sole with power to hold lands, tenements, and hereditaments to themselves and their successors in the said dioceses respectively, subject to the powers and provisions of the aforesaid first mentioned Act: And whereas it is expedient for the purposes of the trusts of real property belonging to the Roman Catholic Church within each diocese of such Church in New Zealand that Coadjutor and Auxiliary Bishops and Archbishops and Apostolic Administrators of the said Church should be entitled to exercise the like powers on behalf of the said Bishops and Archbishops, and also that the said Bishops and Archbishops, Coadjutors, and Apostolic Administrators should have further power to delegate their authorities in respect of the same lands, tenements, and hereditaments:

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 Roman Catholic Bishops Empowering Act 1951.

2 Interpretation.

In this Act—

“Bishop” includes any Archbishop:

“Coadjutor Bishop” includes any Coadjutor Archbishop, any Bishop Auxiliary or Archbishop Auxiliary, and any Apostolic Administrator:

“Diocese” includes any archdiocese.

3 Coadjutor Bishop may act regarding land.

(1)

Where in any diocese of the Roman Catholic Church in New Zealand there is a Coadjutor Bishop holding office, such Coadjutor Bishop shall, on behalf of the Bishop of the diocese, be entitled to exercise in regard to lands, tenements, and hereditaments belonging to the said Church within the said diocese all the powers, authorities, and discretions of the Bishop of the diocese for whom he acts, including the power granted by the Roman Catholic Lands Act 1876, in addition to any other powers, authorities, and discretions affecting the said lands, tenements, and hereditaments:

Provided that nothing in this Act contained shall be construed as limiting the right of the said Bishop to exercise the said powers, authorities, and discretions in person.

(2)

Every deed, act, matter, or thing done or executed by such Coadjutor Bishop in relation to the said lands, tenements, and hereditaments shall be as valid and effectual as if it had been done or executed by the said Bishop.

(3)

The fact that any person acts as such Coadjutor Bishop in relation to the said lands, tenements, and hereditaments shall be conclusive evidence of his authority so to act.

(4)

All deeds and instruments which if executed by the Bishop would be signed by him and sealed with his seal of office as a corporation sole created by virtue of the Roman Catholic Lands Act 1876 and the Roman Catholic Lands Extension Act 1890 shall when executed by a Coadjutor Bishop have affixed thereto the said seal and shall be signed by the said Coadjutor Bishop, and such execution shall be attested in the following words or words to a like effect:—

“Signed by A.B., the Bishop of [name of diocese], by C.D., the Coadjutor Bishop for the said diocese, and sealed with the former’s seal of office in the presence of.”

4 Bishop or Coadjutor may appoint Vicar-General or Administrator to act regarding land.

(1)

The Bishop for any diocese of such Church may by power of attorney executed under his hand and under the seal aforesaid delegate to any Vicar-General or Administrator for the said diocese or any Priest in the said diocese all or any of the powers, authorities, and discretions vested in such Bishop so far as the said powers, authorities, and discretions affect or are capable of being exercised over any lands, tenements, or hereditaments within the said diocese, including power to affix the seal aforesaid.

(2)

The Coadjutor Bishop for any diocese of such Church may by power of attorney executed under his hand and under seal in manner prescribed by the last preceding section delegate to any Vicar-General or Administrator for the said diocese or any Priest in the said diocese all or any of the powers, authorities, and discretions which the said Coadjutor Bishop is entitled to exercise by virtue of this Act, including power to affix the seal aforesaid.

5 In vacancy in Bishopric Coadjutor deemed Administrator.

If at the time of the passing of this Act, or at any time thereafter, there is a vacancy in the office of Bishop for any diocese of such Church and there is a Coadjutor Bishop for the said diocese, the said Coadjutor Bishop shall be deemed to be the Administrator of such diocese for the purposes of section three of the Roman Catholic Lands Act 1876.

6 Private Act.

This Act is hereby declared to be a private Act.
Act Repealed Latest version as at 13 July 1951 (as enacted)

Roman Catholic Bishops Empowering Act 1951

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