Act No. 38 of 1936
SALVATION ARMY |
An Act to
create the General of the Salvation Army for the time being a corporation sole
and to vest the property of The Salvation Army in such corporation. | 38 of 1936 |
[Assent 30th
December, 1936]
[Commencement 13th May, 1937] |
WHEREAS by a deed
poll dated the seventh day of August One thousand Eight hundred and Seventy-eight
and under the hand and seal of William Booth (the founder and general
superintendent of a religious society or organization known as "The
Christian Mission") and afterwards enrolled in the Chancery Division of
the High Court of Justice in England the origin, name and doctrines of the said
Christian Mission were recited and stated: |
AND WHEREAS it was
by the said deed poll amongst other things provided- |
(Clause 3) that
the said Christian Mission was and should be always thereafter under the
oversight direction and control of some one person who should be the general
superintendent thereof whose duty it should be to determine and enforce the
discipline and laws and superintend the operations of the said Christian
Mission and to conserve the same to and for the objects and purposes for which
it was first originated and that the said general superintendent should have
the powers therein mentioned; |
(Clause 4) that
the said Wiliam Booth should continue to be for the term of his natural life
the general superintendent of the Christian Mission unless he should resign
such office; |
(Clause 5) that
the said William Booth and every general superintendent who should succeed him
should have power to appoint his successor to the office of general
superintendent and all the rights of powers and authorities of the office
should vest in the person so appointed upon the decease of the said William
Booth or other general superintendent appointing him or at such other period as
might be named in the document appointing him; and |
(Clause 6) that
it should be the duty of every general superintendent to make in writing as
soon as conveniently might be after his appointment a statement as to his
successor or as to the means which were to be taken for the appointment of a
successor at the decease of the general superintendent or upon his ceasing to
perform the duties of the office such statement to be signed by the general
superintendent and delivered in a sealed envelope to the solicitor for the time
being of the Christian Mission but such statement might be altered at will by
the general superintendent at any time during his continuance in office upon a
new statement being signed by him and delivered as before-mentioned to such
solicitor as aforesaid: |
AND WHEREAS at
some time before the Twenty-fourth day of June One thousand Eight hundred and
Eighty the name of the said religious society or organization was changed from "the
Christian Mission" to "the Salvation Army" as appears by a
memorandum of that date under the hand of the said William Booth endorsed on
the said recited deed poll and afterwards enrolled in the Central Office of the
Supreme Court of Judicature in England: |
AND WHEREAS the
said religious society or organization has since been and is now known as The
Salvation Army and the general superintendent thereof has since been and is now
known as The General of The Salvation Army: |
AND WHEREAS after
the year One thousand Eight hundred and Seventy-eight the Salvation Army
greatly extended its operationss and by the year One thousand Nine hundred and
Four it was established and operating and property necessary for the conduct of
its work had been and was being acquired in many parts of the world both within
and without the British Empire and it had become organized in such a way that
its operations were directed largely through the agency of principal officers
known respectively as "chief of the staff" and "commissioner"
appointed by and responsible to and holding office at the discretion of the
general and with powers and duties assigned by him: |
AND WHEREAS in
order to minimize the possibility of doubt dispute or litigation it was
considered desirable to provide more fully and specifically than was done by
the deed of constitution for the events in which the general for the time being
should be deemed to have ceased to perform the duties of his office and also
for the nomination and appointment of a successor to the general for the time
being on his dying or ceasing to perform the duties of the office: |
AND WHEREAS with a
view to achieving the objects aforesaid by another deed poll dated the twenty-sixth
day of July One thousand Nine hundred and Four under the hand and seal of the
said William Booth and afterwards enrolled in the Central Office of the Supreme
Court of Judicature the provisions of the deed of constitution were
supplemented by provisions dealing with matters and contingencies not taken
account of in the deed of constitution: |
AND WHEREAS by
another deed poll dated the twenty-first day of November One thousand Nine
hundred and Thirty under the hand and seal of Edward John Higgins and
afterwards enrolled in the Central Office of the Supreme Court of Judicature
the provisions of the supplemental deed of constitution were (pursuant to a
power in that behalf reserved thereby) added to and varied: |
AND WHEREAS
Evangelise Booth is the present General of The Salvation Army: |
1. This Act
may be cited as the Salvation Army Act. | Short title. |
2. The
General of The Salvation Army for the time being shall be deemed a corporation
sole and shall be known and described as "The General of The Salvation Army." | General of Salvation Army
to be a Corporation Sole. |
3. (1) The
General of the Salvation Army shall have full power to acquire by purchase, transfer,
donation, exchange, devise, bequest, grant, gift, conveyance or otherwise any
real or personal property or any estate or interest therein. | Power of General of
Salvation Army to acquire property. |
(2) All real or
personal property acquired under subsection (1) of this section shall be held
for the use and benefit of the Salvation Army. |
4. The
General of The Salvation Army shall subject to any restraint, reservation or
condition contained in the document under which he shall have acquired title
thereto be entitled to sell, mortgage, lease and otherwise dispose of and deal
with all property which may for the time being be vested in or have been
acquired by him under any of the provisions of this Act. | General of Salvation Army
entitled to deal with property. |
5. No
change of the person holding the office of General of the Salvation Army shall
affect any real or personal property or any interest therein vested in the
General of the Salvation Army but such property and estate and interest therein
shall vest in the succeeding General of the Salvation Army in the same way and
to the same extent that they vested in the former General of the Salvation Army. | Change of person holding
office of General of Salvation Army not to effect property and interest. |
6. The
General of the Salvation Army shall have power to appoint an attorney for such
time and purposes and with such powers as may be stated in the power of
attorney. | Power of General of
Salvation Army to appoint Attorney. |
7. The said
Evangeline Booth shall be deemed to be the present General of the Salvation
Army. | Present General of
Salvation Army. |
8. Upon the
recording in the Registry of Records of The Bahamas of copies certified by the
proper Officer, or sealed by the proper Department of His Majesty's High Court
of Justice in England of documents purporting to be the appointment of and
acceptance of office by a General of the Salvation Army the person named in
such appointment and acceptance shall be deemed to be the General of the
Salvation Army until the recording and lodging of similar certified copied of a
new appointment and acceptance. | Who to be deemed General of
Salvation Army. |
9. Nothing
in this Act shall prejudice or affect the rights of His Majesty the King, His
Heirs and Successors or of any body politic or corporate or of any other person
or persons except such as are mentioned in this Act and those claiming by, from,
through or under them. | Rights of the King and
others reserved. |