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TRUSTEES APPOINTMENT ACT 1890

TRUSTEES APPOINTMENT ACT 1890 - LONG TITLE

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]
Preamble, which recites the Trustees Appointment Act 1850 (c.28) (the
Act of 1850) and the Trustees Appointment Act 1869 (c.26) (the Act
of 1869), rep. by SLR 1908

TRUSTEES APPOINTMENT ACT 1890 - SECT 1
Construction and short title.

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....

TRUSTEES APPOINTMENT ACT 1890 - SECT 2
Extension of 1850 c.28.

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:

(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:

(3)A burial ground:

(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 connexion
with religious or educational purposes.

TRUSTEES APPOINTMENT ACT 1890 - SECT 3
Statutory power to appoint trustees made applicable to all cases.

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.

(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.

(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.

TRUSTEES APPOINTMENT ACT 1890 - SECT 4
Extension of vesting clause of 1850 c.28.

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.

TRUSTEES APPOINTMENT ACT 1890 - SECT 5
Provision against the concurrent exercise of powers.

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.

TRUSTEES APPOINTMENT ACT 1890 - SECT 6
Appointments of trustees made valid after six months if no
proceedings taken.

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.

(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.

TRUSTEES APPOINTMENT ACT 1890 - SECT 7
Evidence of due appointment of trustees.

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.