Sessional_Paper_1884-1885 — Page 170

166

and in the meantime to mortgage all that piece or parcel of ground known and registered as Inland Lot No. 50, with its appurtenances on which the Roman Catholic Cathedral, Seminary and other Ecclesiastical Buildings, the property of the said Sacred Congregation, now stand, the said Cathedral and Buildings being now too small for the needs of the Mission and inconveniently situate, and the said Sacred Congregation having acquired other and more suitable premises.

Hongkong, 12th April, 1884.

Title.

Preamble.

Copy Draft Bill.

A Bill to enable the Sacred Congregation for the Propagation of the Faith to mortgage and sell certain Property in Hongkong.

W

THEREAS by an Indenture of Crown Lease dated the 14th day of August 1845 and made between Our Sovereign Lady the Queen of the one part and the Sacred Congregation of the Propagation of the Faith of the other part Her said Majesty did demise lease and to farm let unto the said Sacred Congregation all that piece or parcel of ground and premises known and registered in the Land Office Hongkong as Inland Lot No. 50 to hold the same unto the said Sacred Congregation for the term of 75 years subject to the payment of the rent and to the observance and fulfilment of the covenants conditions and stipulations in the said Indenture of Crown Lease contained. And whereas by a further Indenture dated the 30th day of April 1879 the said term was extended for a further period of 924 years.

And whereas the said Sacred Congregation has on the said piece or parcel of ground at its own expense erected a Cathedral Church, Presbytery and Schools.

AND WHEREAS the said Cathedral Church, Presbytery and School Buildings have become too small for the needs of the Roman Catholic Mission in Hongkong and are very in- conveniently situate.

And whereas the said Sacred Congregation of the Propagation of the Faith have out of their own monies purchased other lands more favourably situate and have erected new and spacious Schools thereon and have laid the foundations of and are now in course of erecting on another portion of the said lands a Cathedral Church more suited to the needs of the Mission.

And whereas the said Sacred Congregation are desirous of selling the said Inland Lot No. 50 with the erections and buildings thereon at the first convenient opportunity and in the meanwhile of raising money thereon by mortgaging the

same.

And whereas doubts have arisen as to whether the said Sacred Congregation are entitled, in view of the Law affect- ing Charities and Charitable Trusts, to mortgage and sell the said land and premises.

And whereas it hath been shown by the said Sacred Congregation of the Propagation of the Faith, that it is desirable and to the advantage of the Roman Catholic Mission in Hongkong that the said Sacred Congregation should be authorised and empowered to sell the said land and premises at the first convenient opportunity and in the meantime to raise money by the mortgage thereof.

Be it enacted by the Governor and Legislative Council of Hongkong:-

1. The said Sacred Congregation of the Propagation of the Faith is authorised and empowered to sell and dispose of the said Inland Lot No. 50 with the erections and build- ings thereon and the rights, easements, and appurtenancés thereto or commonly held or enjoyed therewith and all their right title claim and demand therein or thereto under the said Indentures of Crown Lease and of Extention thereof at such time and manner and for such price or prices as to the said Sacred Congregation shall think fit and in the meantime to mortgage the same or any part thereof.

2. Nothing herein contained shall affect or be deemed to affect the right of Her Majesty the Queen her heirs or suc- cessors or of any bodies politic or corporate or other person or persons except such as are mentioned in this law and those claiming by from or under them.