New South Wales Consolidated Acts

CAMPERDOWN CEMETERY ACT 1948 - SECT 7

7 Property (other than land) vested in trustees under Camperdown Cemetery Trust Act of 1871

(1) All property (other than the land described in the First and Second Schedules to this Act) which immediately before the commencement of this Act was vested in the trustees appointed under the Camperdown Cemetery Trust Act of 1871 (in this section referred to as the "cemetery trustees") in their capacity as such trustees is hereby vested in the Church of England Property Trust Diocese of Sydney pending the appointment of trustees pursuant to subsection four of section six of this Act. Until such appointment the said Church of England Property Trust may apply such property for the same purposes as the cemetery trustees might have done but for this Act.

(2) The said Church of England Property Trust may enforce, realise or discharge any security or charge existing immediately before the commencement of this Act in favour of the cemetery trustees in respect of any moneys advanced by them and may pursue the same remedies for the recovery of any such moneys as the cemetery trustees might have done but for this Act.

(3) Upon the appointment of trustees pursuant to subsection four of section six of this Act:

(a) the said property or the residue thereof shall vest in the trustees so appointed and shall be applied by them in furtherance of the trusts and purposes referred to in paragraph (b) of the said subsection, and

(b) without prejudice to anything done, prior to such appointment, by the said Church of England Property Trust under the powers conferred by subsection two of this section, such powers shall, as from such appointment, cease and determine in respect of the said Church of England Property Trust and shall be exercisable thereafter by the trustees so appointed.