Trustee Appointment Act, 1850

TRUSTEE APPOINTMENT ACT 1850

CHAPTER XXVIII.

An Act to render more simple and effectual the Titles by which Congregations or Societies for Purposes of Religious Worship or Education in England and Ireland hold Property for such Purposes.[1] [15th July 1850.]

[Preamble.]

Property acquired for religious or educational purposes, and conveyed to trustees or others, to vest in their successors for the time being without conveyance.

[1.] Wherever freehold, leasehold, copyhold, or customary property in England or Wales has been or hereafter shall be acquired by any congregation or society or body of persons associated for religious purposes, or for the promotion of education, as a chapel, meeting house, or other place of religious worship, or as a dwelling house for the minister of such congregation, with offices, garden, and glebe, or land in the nature of glebe, for his use, or as a schoolhouse, with schoolmaster’s house, garden, and playground, or as a college, academy, or seminary, with or without grounds for air, exercise, or recreation, or as a hall or rooms for the meeting or transaction of the business of such congregation or society or body of persons, and wherever the conveyance, assignment, or other assurance of such property has been or may be taken to or in favour of a trustee or trustees to be from time to time appointed, or of any party or parties named in such conveyance, assignment, or other assurance, or subject to any trust for the congregation or society or body of persons, or of the individuals composing the same, such conveyance, assignment, or other assurance shall not only vest the freehold, leasehold, copyholder customary property thereby conveyed or otherwise assured in the party or parties named therein, but shall also effectually vest such freehold, leasehold, copyhold, or customary property in their successors in office for the time being and the old continuing trustees, if any, jointly, or if there be no old continuing trustees, then in such successors for the time being wholly, chosen and appointed in the manner provided or referred to in or by such conveyance, assignment, or other assurance, or in any separate deed or instrument declaring the trust thereof, or if no mode of appointment be therein set forth, prescribed, or referred to, or if the power of appointment be lapsed, then in such manner as shall be agreed upon by such congregation or society or body of persons, upon such and the like trusts, and with, under, and subject to the same powers and provisions, as are contained or referred to in such conveyance, assignment, or other assurance, or in any such separate deed or instrument, or upon which such property is held, and that without any transfer, assignment, conveyance, or other assurance whatsoever, anything in such conveyance, assignment, or other assurance, or in any such separate deed or instrument, contained to the contrary notwithstanding: Provided always, that in case of any appointment of a new trustee or trustees of or the conveyance of the legal estate in any such property being made as heretofore was by law required, the same shall be as valid and effectual, to all intents and purposes, as if this Act had not been passed.

Providing for payment in lieu of fines on death or alienation in respect of property of copyhold or customary tenure.

2. Where such property shall be of copyhold or customary tenure, and liable to the payment of any fine, with or without a heriot, on the death or alienation of the tenant or tenants thereof, it shall be lawful for the lord or lady of the manor of which such property shall be holden, on the next appointment of a new trustee or trustees thereof, and at the expiration of every period of forty years thereafter, so long as such property shall belong to or be held in trust for such congregation or society or body of persons, or other party or parties to whom such property may have been or shall be conveyed for their benefit, to receive and take a sum corresponding to the fine and heriot, if any, which would have been payable by law upon the death or alienation of the tenant or tenants thereof; and such payments shall be in full of all fines payable to the lord or lady of the manor of which such property is holden, while the same shall remain the property or be held in trust for such congregation or society or body of persons; and the lord or lady of such manor shall have all such powers for the recovery of such sums as such lord or lady could have had in the event of the tenant or tenants of such property having died, or having alienated the same.

Appointment of new trustees.

3. For the purpose of preserving evidence of every such choice and appointment of a new trustee or new trustees, and of the person and persons in whom such charitable estates and property shall so from time to time become legally vested, every such choice and appointment of a new trustee or new trustees shall be made to appear by some deed under the hand and seal of the chairman for the time being of the meeting at which such choice and appointment shall be made, and shall be executed in the presence of such meeting, and attested by two or more credible witnesses, which deed may be in the form or to the like effect of the schedule to this Act annexed, or as near thereto as circumstances will allow, and may be given and shall be received as evidence in all courts and proceedings in the same manner and on the like proof as deeds under seal, and shall be evidence of the truth of the several matters and things therein contained.

Extent of Act.

4. The provisions of this Act shall extend to that part of the United Kingdom called Ireland.

[S. 5 rep. 38 & 39 Vict. c. 66. (S.L.R.)]


Sect. 3. SCHEDULE to which this Act refers.

Memorandum of the choice and appointment of new trustees of the [describe the chapel, school, or other buildings and property], situate          in the parish [or township] of         , in the county [riding, division, city, or place] of         , at a meeting duly convened and held for that purpose [in the vestry of the said chapel] on the [25th] day of [April 1850], A.B., of         , chairman.

Names and descriptions of all the trustees on the constitution or last appointment of trustees, made the          day of         .

Adam Bell, of         .

Charles Dixon, of         .

Edward Foster, of         .

George Hurst, of         .

John Jackson, of         .

Kenneth Lucas, of         .

Matthew Norman, of         .

Octavius Parker, of         .

Names and descriptions of all the trustees in whom the said [chapel] and premises now becomes legally vested         .

First.—Old continuing trustees.

John Jackson, now of         .

Matthew Norman, now of         .

Octavius Parker, now of         .

Second.—New trustees now chosen and appointed:—

Benjamin Adams, of         .

Charles Bell, of         .

Jonathan Edmonds, of         .

Richard Baxter, of         .

John Home, of         .

Dated this          day of         .

William Hicks,          (l.s.)

Signed, sealed, and delivered by the said William Hicks, as chairman of the said meeting, at and in the presence of the said meeting, on the day and year aforesaid, in the presence of

Chairman of the said meeting.

C.D.

E.F.

[The blanks, and parts in italics, to be filled up as the case may be.]

[1 Short title, “The Trustee Appointment Act, 1850.” See 55 & 56 Vict.c.10]