CHAPTER
175
TRUSTEES APPOINTMENT (1890) |
ARRANGEMENT OF
SECTIONS |
SECTION |
Construction and short title. |
Extension of 13 & 14 vict. c. 28. |
Statutory power to appoint trustees made
applicable to all cases. |
Extension of vesting clause of 13 & 14 vict.
c. 28. |
Provision against the concurrent exercise of
powers. |
Appointments of trustees made valid after six
months if no proceedings taken. |
Evidence of due appointment of trustees. |
CHAPTER 175 |
TRUSTEES
APPOINTMENT (1890) |
An Act to
facilitate the appointment of new trustees of land held in trust for religious
or educational purposes, and to make provision for vesting the land in the
trustees for the time being. | 53 & 54 Vict. c. 19
extended by 14 of 1903[i]* |
[Commencement 25th
July, 1890] |
WHEREAS
it is expedient to extend the provisions of the Act of the thirteenth and
fourteenth years of Her Majesty, chapter twenty-eight (in this Act called
"the Act of 1850"), intituled "An Act to render more simple and
effectual the titles by which congregations and societies for purposes of
religious worship or education in England and Ireland hold property for such
purposes," as the same Act is extended by the Act of the
thirty-second and thirty-third years of Her Majesty, chapter twenty-six, in
this Act called "the Act of 1869": |
1. This Act and the Act of 1850, as extended by the Act
of 1869, shall be read and construed together as one Act, and this Act maybe
cited as the Trustees Appointment (1890) Act, and the said Acts may together be
cited as the Trustees Appointment Acts, 1850 to 1890. | Construction and short title. |
2. The Act of 1850 shall apply to and include any land
acquired by trustees in connection with any society or body of persons
comprising several congregations or other sections or divisions or component
parts associated together for any religious purpose, when such land is held in
trust for any of the following purposes, namely- | Extension of 13 & 14 Vict. c. 28. |
(1) A place for
religious worship. |
(2) An
endowment or provision for the maintenance of a place of religious worship, or
the minister thereof, or provision for expenses connected therewith. |
|
(4) A place for
education and training of students, whether for the ministry or for any other
purpose. |
(5) A
school-house for a Sunday school, day school, or other school. |
(6) A residence
for a minister or schoolmaster, or for the caretaker of a place of religious
worship, or of a school-house or a meeting-house, or offices or other buildings
for or in connection with religious or educational purposes. |
3. (1) The power for the appointment of new trustees
conferred by the Conveyancing and Law of Property Act 1881, or any other
statutory power for the same purpose for the time being in force, shall apply
to all land acquired and held on trust for any purpose to
which the Act of 1850 or the Act of 1869 or this Act applies. | Statutory power to appoint trustees made applicable to
all cases. |
(2) Any statutory
power for the appointment of new trustees which is for the time being in force
may be exercised either by the person or persons and in the manner provided by
that statutory power, or by the said person or persons and by resolution at a
meeting, or in any other mode in which, under the instrument creating the trust
or any other instrument, the appointment of a new trustee in place of a
deceased trustee can be effected. |
(3) Provided that
where there is a power to appoint as new trustees only such persons as may be
qualified or nominated for election in some special manner, then those persons
only who are qualified or nominated in that special manner shall be appointed
trustees under the power for the purpose conferred by this Act. |
4. The enactment contained in the Act of 1850, whereby
any conveyance, assignment, or assurance of land taken as in that Act mentioned
to or in favour of trustees is made effectual to vest the land in their
successors in office for the time being and the old continuing trustees (if
any) jointly, and if there be no old continuing trustee, then in such
successors for the time being wholly, shall apply and be effectual to vest the
land in like manner in every case where the appointment of a trustee or
trustees is made under any power conferred by this Act, or under any other
statutory power for the time being exercisable with respect to trusts to which
this Act applies. | Extension of vesting clause of 13 & 14 Vict. c.
28. |
5. Where by force of this Act an appointment of a
trustee is capable of being made under a power in any instrument as well as
under a statutory power, an appointment of a trustee shall not be made under
the statutory power unless and until a period of twelve months at least from
the date of the occurrence of the vacancy to be filled up has expired without
the vacancy having been filled up. | Provision against the concurrent exercise of powers. |
6. (1) After the expiration of six months from the date
of any instrument whereby any person or persons are purported or appear to be
or to have been appointed trustee or trustees for purposes within the meaning
of the Act of 1850 or the Act of 1869 or this Act, such person or persons
shall, for the purpose of any sale or mortgage, be deemed to be the duly
appointed trustee or trustees for the purposes for which the appointment is
purported to be or appears to have been made, and every conveyance by way of
sale or mortgage which such person or persons may make, or concur in making,
shall be as valid and effectual in favour of the purchaser or mortgagee as if
made by trustees duly appointed. | Appointments of trustees made valid after six months
if no proceedings taken. |
(2) This section
is not to have effect unless within such six months no proceedings be taken to
set aside the appointment, or unless any such proceedings which are taken
within such six months are abandoned or are not duly prosecuted. |
7. Where the trustees or the major part of the trustees
of any land held on trust for the purposes of the Act of 1850 or the Act of
1869 or this Act, or any other persons present at a meeting duly constituted,
are either under the instrument creating the trust or under a statutory power,
whether conferred by this Act or otherwise, empowered to appoint trustees by
resolution, then a memorandum of the appointment of any trustee which states
that the meeting was duly constituted, and which is otherwise made in the form
or to the effect, and also subscribed in the manner, directed or provided in
the Act of 1850 and the schedule thereto, shall of itself be sufficient and
conclusive evidence that the appointment appearing by the memorandum was an
appointment duly made, without any evidence of the due constitution of the
meeting or of the proceedings thereat. | Evidence of due appointment of trustees. |