New South Wales Consolidated Acts

ROMAN CATHOLIC CHURCH TRUST PROPERTY ACT 1936 - SECT 8

8 Vesting of Church trust property

(1) All Church trust property which at the time of the creation of any body corporate by this Act is situated within the diocese for which the body corporate is created shall by virtue of this Act--

(a) vest in that body corporate upon its creation, and

(b) be thereupon divested from the person in whom it was vested before the creation of such body corporate.

(1A) Where a boundary of a diocese is altered and any Church trust property vested in the body corporate created by this Act for that diocese is excluded from that diocese and included in some other existing diocese that property shall, on and from the day upon which that alteration takes effect--

(a) vest in the body corporate created by this Act for the diocese in which that property is then situated, and

(b) be divested from the body corporate created by this Act for the diocese from which it is excluded.

(2) No vesting by virtue of this Act shall affect any encumbrance, lien, estate or interest to which, at the time of vesting, the property so vested was subject in the hands of the person from whom it was divested.
The body corporate in which the property vests shall become jointly with the person liable at the time of the vesting and, severally, liable under every contract, engagement and cause of action, in relation to the property vested, under which the person from whom the property was divested was liable at the time of the vesting.
The body corporate shall be liable to indemnify the person from whom the property was divested his executors and administrators against every claim, action, suit and other proceeding which shall be made or taken in respect of any such contract engagement or cause of action.
The person from whom the property was divested shall have a charge or lien on the property divested to the extent to which and in the circumstances in which the charge or lien would have attached if the property had not been divested; but the charge or lien, or possibility thereof, shall, in favour of a person dealing for value with the body corporate in which the property is vested, be deemed to have been extinguished unless the person entitled thereto has within a period of six months after the commencement of this Act given written notice to the body corporate of its existence or of the possibility of its arising.
A statement under the common seal of the body corporate that no such notice has been received within such period shall be conclusive evidence of the fact so stated in favour of any person dealing for value with the body corporate in respect of the divested property.

(3) The reference in subsection (1) (b) to the person in whom Church trust property was vested before the creation of a body corporate includes, and shall be deemed to have always included, a reference to a body corporate created under section 4 in which that property was formerly vested.