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TRUSTEES APPOINTMENT ACT 1890
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CHAPTER XIX.
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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.[25th July 1890.]
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[Preamble recites the Trustees Appointment Acts 1850 and 1869, called in this Act “the Act of 1850” and “the Act of 1869” respectively.
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Construction and short title.
13 & 14 Vict. c. 28.
32 & 33 Vict. c. 26.
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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 may be cited as the Trustees Appointment Act, 1890.
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Extension of 13 & 14 Vict. c. 28.
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2. The Act of 1850 shall apply to and include any land acquired by trustees in connexion 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:—
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(1) A place for religious worship:
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(2) An endowment or provision for the maintenance of a place of religious worship, or the minister thereof, or provision for expenses connected therewith:
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(3) A burial ground:
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(4) A place for education and training of students, whether for the ministry or for any other purpose:
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(5) A school-house for a Sunday school, day school, or other school:
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(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 connexion with religious or educational purposes.
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Statutory power to appoint trustees made applicable to all cases.
44 & 45 Vict. c. 41.
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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.
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(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 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.
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(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.
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Extension of vesting clause of 13 & 14 Vict. c. 28.
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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 exerciseable with respect to trusts to which this Act applies.
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Provision against the concurrent exercise of powers.
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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.
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Appointments of trustees made valid after six months if no proceedings taken.
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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.
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(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.
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Evidence of due appointment of trustees.
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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.
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Extent of Act.
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8. This Act shall not extend to Scotland.
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