religious, charitable and , educational trusts. · 2013. 11. 3. · religious, charitable, and...

Religious, Charitable, and Educational Trusts. [No. 164. 91

New Zealand.

RELIGIOUS, CHARITABLE, AND EDUCATIONAL TRUSTS.

1908, No. 164.

AN ACT to consolidate certain Enactments of tlie General Assembly relating to Religious, Charitable, and Educational Trusts.

BE IT ENACTED by the General Assembly of New Zealand J in Parliament assembled, and by the authority of the same, as follows :—

1. (1.) The Short Title of this Act is "The Religious, Charitable, short Title,

and Educational Trusts Act, 1908." (2.) This Act is a consolidation of the enactments mentioned in the Enactments

First Schedule hereto, and with respect to those enactments the following consolidated, provisions shall apply :—

(a.) All Boards, corporations, appointments, orders, notices, schemes, saving»,

instruments, and generally all acts of authority which origin-ated under any of the said enactments, and are subsisting or in force on the coming into operation of this Act, shall enure for the purposes of this Act as fully and effectually as if tliey had originated under the corresponding provisions of this Act, and accordingly shall, where necessary, be deemed to have so originated :

Provided that every such Board and corporation re-spectively shall be deemed to be the same Board and corpora-tion respectively under this Act, without change of corporate entity or otherwise :

Provided also that in the case of members elected or appointed for a specified term the current term shall be computed from the date of its commencement.

(b.) All members of Boards and all trustees holding office under any such enactment on the coming into operation of this Act shall continue in office until their successors under this Act come into office.

92 1908. i Consolidated Statutes.

(c.) All matters and proceedings commenced under any such enact-ment, and pending or in progress on the coming into opera-tion of this Act, may be continued, completed, and enforced under this Act.

(3.) This Act is divided into Parts, as follows :'— P A R T I.—Vesting of Title to Property. (Sections 2 to 4.) P A R T II.—Incorporation of Trust Boards. (Sections 5 to 13.) P A R T III.—Extension of Charitable Trusts. (Sections 14 to 30.) P A R T IV.—Appropriation of Charitable Funds. (Sections 31 to 49.)

P A R T I .

Freehold of trust property to vest in trustees or in their successors, to be appointed as herein provided. 1856, No. 21, sec. 1

1863, No. 15, see. 2

Evidence of appointment, how to be preserved. 1856, No. 21, sec. 2

VESTING OF TITLE TO PROPERTY.

2. (1.) Where any freehold or leasehold property has been or is hereafter acquired by or on behalf of any religious denomination, con-gregation, or society, or body of persons associated for religious or chari-table purposes or for the promotion of education, and the conveyance or other assurance of such property has been or is taken to or in favour of trustees to be from time to time appointed, or of any parties named in such conveyance or other assurance, or subject to any trust for any such denomination, congregation, or society, or body of persons or for the individuals composing the same, such conveyance or other assurance shall not only vest the property thereby conveyed or otherwise assured in the parties named therein, but shall also effectually vest the same in their successors in office for the time being and the continuing trustees (if any) jointly, or if there are no such 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 or other assurance, or in any separate deed or instrument, declaring the trust thereof ; or if no mode of appointment is therein provided or referred to, or if the power of appointment has lapsed, then in such manner as may be agreed upon by such denomination or by a body constituted to represent them, or by such congregation, society, or body of persons, upon such and the . like trusts and with and under and subject to the same powers and provisions as are contained or referred to in such convey-ance or other assurance, or in any separate deed or instrument upon which such property is held, and that without any conveyance or other assurance whatsoever, anything in such conveyance or other assurance or in any separate deed or instrument contained to the contrary notwithstanding:

Provided that in case of any appointment of new trustees or of 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.

(2.) The provisions of this section shall extend and apply to freehold and leasehold property now or hereafter held by or on behalf of any such denomination, congregation, or society, or body of persons by way of mortgage as security for the repayment of money.

3 . (1.) For the purpose of preserving evidence of every such appoint-ment of new trustees and of the persons in whom such property from time to time becomes legally vested, every such appointment 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 appointment was made, and shall be executed in the presence of such meeting, and attested by two or more credible witnesses.

(2.) Such deed may be in the form or to the effect of the Second Schedule hereto, 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, and shall be evidence of the truth of the several matters and things therein contained.

(3.) Every memorandum of appointment of new trustees made under 1884, No. 20, sec. 11 this section shall be filed in the office of theJRegistrar of the Supreme Court of the district in which the same is made, and until so filed such appointment shall not have any operative effect.

4. (1.) Whereas certain Crown grants of land in New Zealand Grants to be have been made and issued, and certain conveyances and assurances con^ i'th fee-of land have been signed and executed, granting, conveying, and assuring simple from the

the several allotments or parcels of land in the said grants, conveyances, of such grants, and assurances particularly described to the office-bearers of different religious denominations and their successors: And whereas doubts have arisen as to the estate which in law has been granted, conveyed, or assured by the said grants, conveyances, and assurances respectively, and it is expedient that the said doubts should be set at rest: Be^it therefore enacted as follows:— ' ^

Whenever any such grant, conveyance, or other assurance has been made and issued, or signed and executed, other than to or in favour of a corporation, sole or aggregate, the same shall be deemed and taken to have granted, conveyed, and assured, from the date thereof respectively, unto the persons designated therein, and their heirs, executors, adminis-trators, and assigns, the fee-simple in [the* land therein respectively described and purported to be granted, conveyed, and assured, subject nevertheless to the trusts (if any) set forth in the grant, conveyance, or assurance concerning the same.

( 2 . ) In the construction of this section " office-bearers " includes— ibid, sees. 3, 5 (a.) Any Roman Catholic archbishop or bishop appointed to any JlJjj' sec' "

place or charge in New Zealand ; and also (Private), sec. 4 (b.) The general superintendent of the Wesleyan Mission, and any 1902' No- 49'sec' 2

trustees in whom land is vested in trust for that body or on behalf of the religious society denominated the] Methodist Church of Australasia in New Zealand.

P A R T I I .

INCORPORATION OF TRUST BOARDS.

5. The trustees of any trust for religious, charitable, educational, Trustees may be or scientific purposes acting with the authority of the body for which they ^g0^™!^^ act, and any society for religious, charitable, educational, or scientific purposes, may file in the office ~Jof-:any Registrar of the^Supreme Court a memorial in the form in the. Third Schedule hereto ; and thereupon the £said society or trustees, and their^ successors in [office, shall be deemed to be incorporated as a Board under the name set forth in the memorial.


Certificate of incorporation. 1884, No. 26, sec. 4

Powers of Board. Ibid, sec. 5

Service on Board. Ibid, sec. 6

Vesting of property. Ibid, seo. 7

Transfer of properties. Ibid, sec. 8

Deeds and contracts. Ibid, sec. 9

Acts prima facie valid. Ibid, sec. 10

Board may deal with its property. Ibid, sec. 12

6. A certificate in the form in the Fourth Schedule hereto, purporting to be signed by a Registrar of the Supreme Court, shall be conclusive evidence in all Courts that the Board therein named has been duly incorporated, and of the time of such incorporation; but no Registrar shall issue a certificate when the name of the proposed Board, in his opinion, resembles too closely the name of an existing Board.

7. Every Board incorporated under this Act (hereinafter referred to as the " Board ") shall have perpetual succession and a common seal, and may hold real and personal property of whatever nature, sue and be sued in all proceedings civil or criminal, and do and suffer all that corporate bodies may do and suffer.

8. Any notice or legal process shall be deemed to be served upon the Board if left at its registered office; but any Board may from time to time change its registered office by filing in the Supreme Court office in which its memorial is filed a notice under its seal intimating the change and the new address.

9. All property, whether real or personal, held by any society, or by the trustees of any such trust, shall immediately upon their incor-poration be deemed to be vested in the Board upon and subject to the same trusts, powers, contracts, and equities as then affect the same.

10. Where any property, whether real or personal, is vested in or held by any person in trust for or for the benefit (directly or indirectly) of any body or corporation, or for the maintenance and support of the officers of any body or corporation, whether or not such trust or purpose appears upon the face of the conveyance or other instrument under which such property is held, it shall be lawful for such person to convey or transfer the property so held to the body or corporation in trust for which or for the maintenance of whose officers such property is held, or to such trustees as the body or corporation directs or appoints.

11. Deeds may be made by any Board under its common seal, attested by the trustees or any three of the trustees for the time being constituting the Board; and all other contracts may be made in writing, signed by any person in the name and on behalf of the Board acting under a resolution in writing passed at a meeting of the trustees.

12. All acts or deeds done or made by any person acting bona fide as such trustee shall be valid notwithstanding any defect that may afterwards be found in his appointment, and the signature of any person purporting to act as such trustee shall be prima facie evidence of his being such trustee.

13. Any Board (notwithstanding any trusts that may affect its property) may sell, exchange, or dedicate all or any of its property for any public purpose upon such terms as it deems expedient, and any money or lands that are received in pursuance of any such sale, exchange, or dedication shall be held or invested in lands or on mortgage on the same trusts as affect the lands so dealt with.

P A R T I I I .

EXTENSION OP CHARITABLE TRUSTS.

interpretation. 14 . In this Part of this Act, if not inconsistent with the context,— 1886, No. 5, sec. 2 " Charitable purpose " includes any of the following purposes,

that is to say :—


{a.) The promotion of any of the objects and purposes for which any institution has been established under " The Hospitals and Charitable Institutions Act, 1908 " :

Provided that no property dealt with under this Part of this Act shall be applied in such way as to exonerate or relieve the public funds from any charge or expense which but for such application would be incurred :

(b.) The supply of the physical wants of sick, aged, destitute, poor, or helpless persons, or of the expenses of funerals of poor persons :

(c.) The education (physical, mental, technical, or social) of the poor or indigent:

(d.) The reformation of criminals, prostitutes, or drunk-ards :

" Property " means real and personal property of every kind, and includes money:

" Trustees " includes executors or administrators, and any person or persons, body corporate, or association in whom any property is vested that is or may become subject to this Part of this Act.

15. In any case where it becomes impossible or impracticable to Property held for carry out the trusts upon which any property held for particular certain charitable purposes of a charitable nature is held, or the amount available proves disposed "nor other inadequate to carry out the original charitable purpose, or such purpose charitable purposes, has been already effected, or such purpose is illegal or uncertain, then 1886' No- sec> 3

the property so held or any part or residue thereof may be disposed of for some other charitable purpose, or a combination of such purposes, in the manner and subject to the provisions hereinafter contained.

16. Where the trustees of any such property are desirous that Trustees may the same shall be dealt with subject to this Part of this Act, they may P rePare a scheme, prepare or cause to be prepared a scheme for the disposition of the 1 'S0C" property in accordance with this Part of this Act.

17. Every scheme prepared under this Part of this Act shall be Scheme to be laid submitted to the Attorney-General, together with full information of J fi ®alAttornoy" all the facts upon which it is proposed to make such disposition, and ibid, se'e. 5 with copies of any instruments necessary to explain the scheme so pre-pared ; and the Attorney-General shall in respect of every such scheme have the powers and duties hereinafter mentioned :—

(a.) He may remit the proposed scheme to the trustees for amend-ment if he considers that it will not properly carry out the objects contemplated, and in so doing shall state in writing the objections which he entertains to the scheme as pro-posed.

(b.) He may report on the scheme submitted, and such report shall be laid before a Judge of the Supreme Court under the provisions of this Part of this Act, or he may decline to make any such report, and allow the scheme to be laid before the Judge to be dealt with as hereinafter provided.

(c.) Every report by the Attorney-General on any such scheme, and such scheme, with or jwithout any such report, shall be filed in the office of the Registrar of the Supreme Court at or nearest the place where the trustees reside or the pro-


Notice of reference to Supreme Court to be gazetted. 1886, No. 5, sec. 6

Judge of the Supreme Court to have jurisdiction. Ibid, sec. 7

If Judge satisfied shall make order, otherwise may refuse. Ibid, sec. 8

Judge may adopt Attorney-General's report. Ibid, sec. 9 Order filed. Ibid, sec. 10 No fee payable to Registrar. Ibid, sec. 11

Order of Judge to be gazetted. Ibid, sec. 12

Notice of refusal of a scheme to be gazetted. Ibid, sec. 13

Scheme may be varied or altered. Ibid, sec. 14

Scheme may provide for payment of expenses. Ibid, sec. 15

Scheme may be administered by hospital or chari-table institution. Ibid, sec. 16

perty is situated, or, if the property is personal property and the trustees reside out of New Zealand, then in some office named by the Attorney-General, and such report and scheme, or the scheme alone if there is no report, shall be open to inspection by the public without any fee or charge.

18. Notice of the reference to the Supreme Court of any scheme shall be published once in the Gazette, and twice in each week in one newspaper circulating in the Supreme Court district where such reference has been made for three weeks before such scheme shall be considered by the Supreme Court.

19. A Judge of the Supreme Court shall have jurisdiction and authority to hear and determine all matters relating to such scheme, and all proceedings therein shall be had in a summary way, and the Judge may decide what persons shall be heard before him in support of or in opposition to the scheme.

20. If the Judge is satisfied that the scheme proposed is proper and not contrary to law, public policy, or good morals, he shall make an order approving of the scheme, with or without any modification or variation he thinks fit; but if he is satisfied that such scheme is not proper or is contrary to law, public policy, or good morals, and is not capable of amendment, he may refuse to make any order in respect thereof.

21. Where the Attorney-General has made a report on a scheme submitted to him as aforesaid, the Judge before whom the same is laid may adopt such report, and make order thereon accordingly.

22. Every order made by a Judge under this Part of this Act shall be filed with such Registrar of the Supreme Court as aforesaid.

23. No fee shall be payable to the Registrar in respect of any report, scheme, order, inspection, or other proceeding filed or made under this Part of this Act.

24 . Notice that a Judge has made an order in respect of any scheme submitted as aforesaid, or has refused to make any such order, shall be published in the Gazette by the Registrar of the Supreme Court where the scheme is filed.

25. Notice of the refusal of any scheme shall be published in the Gazette as soon as conveniently may be after the Attorney-General or a Judge of the Supreme Court has decided that it ought to be refused, together with a statement of the grounds for such refusal.

26. Every scheme adopted as aforesaid may from time to time be varied or altered, and the provisions of this Part of this Act relating to the adjustment of a scheme shall, mutatis mutandis, apply to any variation or alteration of such scheme, whether as originally adjusted or as varied or altered.

27. The trustees may provide in their scheme that all reasonable expenses of preparing a scheme to be submitted to the Attorney-General for report under this Part of this Act, or that may be laid before a Judge of the Supreme Court as aforesaid, shall be paid out of or be a charge on the property affected.

28. Any scheme may provide that the objects and purposes of such scheme may in whole or in part be carried out by any hospital or charitable institution constituted under " The Hospitals and Charitable Institutions Act, 1908," and in any such scheme the funds or property


mentioned in such scheme or part thereof, as the case may be, may be administered by the office-bearers for the time being of any such hospital or institution.

29. (1.) The trustees in whom any property is vested with respect Trustees may to which a scheme has been approved by a Judge under this Act shall prope?tyrinranSfer

convey, transfer, or pay over the same, with all profits or interest which accordance with

may have accrued thereon, to the institution, body, or person designated . I i i • ,1 1 i i -i •] • l o o t ) , JNO. O, SGC. 17

to hold or receive the same under such scheme, and upon so doing shall no longer be liable in respect of any express or implied trust upon which they held such property, except for wilful negligence or misappro-priation thereof.

(2.) Such trustees may execute all instruments and do all acts necessary for giving effect to this section.

30. Proceedings to enforce the trusts and provisions of any scheme Proceedings to so certified and recorded as aforesaid, or in opposition thereto by any anf0schemePP°Se

person deeming himself interested in the property, may be taken in ibid, sec. is the Supreme Court either by ex parte petition or by summons before a Judge in Chambers, and the Court or Judge may make such orders as it or he thinks fit respecting notice to parties and the hearing of such petition or summons.

PART IV. APPROPRIATION OF CHARITABLE FUNDS.

31. In this Part of this Act, if not inconsistent with the con- Definition of tsext " charitable ' . purpose."

Charitable purpose includes any of the following purposes, 1871, No. 56, sec. 2 that is to say :—

{a.) The supply of the physical wants of sick, aged, destitute, poor, or helpless persons, or of the expenses of funerals of poor persons :

(b.) The education (physical, mental, technical, or social) of the children of the poor or indigent:

(c.) The reformation of criminals, prostitutes, or drunk-ards :

(d.) The employment and care of discharged criminals: (e.) The provision of religious instruction, either general

or denominational, for the people : (/.) The support of libraries, reading-rooms, lectures, and

classes for the instruction of the people : (g.) The promotion of athletic sports and wholesome

recreations and amusements of the people: (h.) Contributions towards losses by fire and other

inevitable accidents : (i.) Encouragement of skill, industry, and frugality: (j.) Rewards for acts of courage and self-sacrifice : (k.) The erection, laying-out, maintenance, or repair of

buildings and places for the furtherance of any of the pur-poses herein mentioned.

32 . This Part of this Act is applicable to cases in which money Funds, how raised, has been raised by way of voluntary contribution or by the sale Ibid>sec-3

V — 7 .

98 1908.J

Failure, &c., of original purpose. 1871, No. 56, sec. 4

Contributor or monoy-holder may proceed if money not applied for one year. Ibid, sec. 5

Convening meeting of contributors. Ibid, sec. 6

Advertisement of meeting. In what papers.

How often.

Day and place.

Statement of new purpose.

Subsequent notice of othur newly proposed purpose. Ibid, sec. 7

Proceedings at meeting. Ibid, sec. 8 Claim committee.

Votes by proxy.

List of voting oont.'ibutors.

of goods voluntarily contributed, or as the price of admission to any entertainment given for any charitable purposes, or in any other manner of voluntary contribution.

33 . In any such case, if it becomes impossible or impracticable or inexpedient, or the amount proves inadequate to carry out the original charitable purpose, or such purpose has been already effected, or such purpose is illegal or uncertain, then the moneys so raised or any residue thereof may be appropriated to some other charitable purpose in the manner and subject to the provisions hereinafter contained.

34 . Any contributor of money or of goods sold for a charitable purpose, or any holder of the money so contributed or raised or of any money received as the price of admission to any entertainment or paid in any other voluntary manner for such charitable purpose, if the money paid or raised has not been actually or entirely applied or is not in the course of being applied for such charitable purpose within one year after the contribution or receipt of such money or the sale of the goods so contributed, may proceed in the following manner.

35 . The moving contributor or money-holder (herein called " the convener ") may call together a meeting of the contributors of money or goods as aforesaid by advertisement in the following manner :—

(a.) The advertisement shall be inserted in one or more of the newspapers of largest circulation in each locality within which the contributions were received.

(b.) It shall be inserted at least three times at an interval of not less than seven days between the insertions.

(c.) The day and place of meeting shall be mentioned therein, the day not being less than one month from the date of the first advertisement, and the place being the place or the most populous of the places where the money was received.

[d.) The advertisements shall contain a statement of the reason why it is proposed that the money should be applied to a different charitable purpose than the original, and shall specify the newly proposed charitable purpose.

36 . Any other contributor may give notice by advertisement in the same newspapers in which the original advertisement was published at least three times before the day fixed for the meeting that he will propose at the same some other charitable purpose than that mentioned in the first advertisements of the meeting, and such other purpose shall be distinctly specified in such notice.

37 . The proceedings at the meeting held pursuant to the advertise-ment shall be conducted in the following manner, that is to say:—

(a.) The convener, together with any two other persons present claiming to be contributors then and there chosen by a majority of the persons present and claiming to be con-tributors, shall form a claim committee for determining the claims of persons to vote as contributors.

(b.) Contributors who by letter addressed to the convener establish their claim to the satisfaction of the claim committee may vote by proxy.

(c.) T'he claims to vote at the meeting having been determined, a list shall be made by the claim committee of the voting contributors, to which may be added by such committee


the names of any persons who establish their claims before the conclusion of the proceedings.

(d.) The contributors shall choose a chairman, who shall have Chairman, an original and a casting vote.

(e.) If notice has been given by any contributor of a proposed Voting for purpose different from that contained in the advertisement various P"rPoses-of the convener, the vote of the meeting shall be taken on all the proposed purposes at once, and that proposed purpose shall be declared to be adopted for which the greatest number of votes is given.

(/.) Any contributor may propose at the meeting that the purpose Combination to which the money shall be applied shall be one combined of PurPosps-of any of the advertised purposes or any portions thereof, and the meeting may take the same into consideration and vote thereupon at .the same time as upon the advertised propositions.

(g.) If any contributor present at the meeting proposes some other Adjournment on purpose which has not been duly advertised, the meeting may, J^v^ised if it thinks fit, abstain from voting on the advertised purposes purpose, and adjourn to a future day not less than ten days thereafter.

(h.) The proposer of such new purpose as last aforesaid shall, Advertisement for within three days of such adjourned meeting, give notice adiou,"ned metnm£-by advertisement in such newspaper as aforesaid of the specific character of the purposes which he intends to propose at such adjourned meeting.

(i.) At the adjourned meeting all the purposes which have been Purpose to be duly advertised shall be put together to the vote, and that majority * one shall be declared to be adopted for which a majority of votes is then given.

38 . After the determination by the meeting of the purpose to Scheme committee, which the money is to be applied, the meeting shall proceed to choose a 1871' No- 56'sec- 9

scheme committee of three contributors, who shall within two months from the date of the meeting prepare or cause to be prepared a scheme for the application of the money pursuant to the resolution of the meeting.

39 . Such scheme committee shall, within the period of two months Laying scheme, &c., last mentioned, lay before the Attorney-General the scheme so prepared, Attorney-General, along with a copy certified by the chairman of the meeting of the Ibid. sec. 10 resolution adopting the particular purpose, and also copies of the other proposed purposes as advertised.

40 . The Attorney-General, if he considers the scheme proposed Certifying and proper to effect the resolution of the meeting of contributors and not ^ schenie-contrary to law, shall certify the same, and a verified copy of such scheme and certificate shall be filed in the office of the Registrar of the Supreme Court at or nearest to the place where the meeting was held, which copy shall be open to inspection by the public, and an office copy thereof shall be admissible prima facie as proof of the scheme and certificate.

41 . The Attorney-General may remit the proposed scheme to the Remitter of scheme scheme committee for amendment if he considers that it will not pro- J^'1 1,y""Geacral-perly carry into effect the resolution of the contributors, and in doing so he shall state in writing the objections which he entertains to the objections.° scheme as proposed.

V — 7 * .

100

Refusal to certify. Grounds published. 1871, No. 56, sec. 13

Convening meeting after refusal. Ibid, soc. 14

Provision for costs of scheme. Ibid, seo. 15 Cer'ified by Attorney-General. Appointment of Public Trustee as trustee under the scheme. Ibid, sec. 16

Money-hol der to pay over to trustee. Ibid, sec. 17

Proceedings to enforce trusts. Ibid, seo. 18

Contributor may get back hi« money or a proportion thereof before first advertised meeting. Ibid, sec. 19

Scheme may provide for administration by any existing voluntary association for oha itable purposes Ibid, sec. 20

42 . If the Attorney-General considers that the purpose adopted by the meeting of contributors is contrary to law, public policy, or good morals, he may refuse to certify the scheme proposed, and notice of the refusal shall be published in the next Gazette after the date thereof, with a statement of the reason of such refusal.

43 . In case of such refusal as last aforesaid any contributor or holder of money as hereinbefore mentioned may, within three months after the publication of such refusal, convene a fresh meeting of con-tributors, and thereupon such proceedings may be taken as hereinbefore provided.

4 4 . The scheme committee may provide in its schemes that out of the moneys paid or raised there shall be paid all reasonable expenses of advertising and convening meetings and preparing a scheme, the same to be certified by the Attorney-General.

4 5 . The Public Trustee may be appointed sole trustee, and shall thereupon, subject to the provisions of " The Public Trust Office Act, 1908," act as sole trustee for the administration of any such scheme as hereinbefore mentioned.

4 6 . The holder of any money for any charitable purpose, with respect to which money a scheme has been certified by the Attorney-General under this Part of this Act, shall pay over the same, with all interest which may have accrued thereon, to the person designated to receive or hold the same under such scheme, and upon doing so shall no longer be liable in respect of any express or implied trust upon which he received or held the same, except for wilful negligence or misappro-priation of money by him knowingly.

4 7 . Proceedings to enforce the trusts and provisions of any scheme so certified and recorded as aforesaid may be taken in the Supreme Court either by ex parte petition or by summons before a Judge in Chambers, and the Court or Judge may make such orders as it or he thinks fit respecting notice to parties and the hearing of such petition or summons.

48 . Any contributor of money for a charitable purpose may after any advertisement has been published as mentioned in section thirty-five hereof, and before the day mentioned in the advertisement for the meeting, but not afterwards, demand from the holder of the money so paid or raised the amount of his contribution or a rateable proportion thereof out of the residue left after deductions made for reasonable expenses and expenditure in pursuance of the original purpose, and such money-holder shall thereupon pay such amount or proportion to such contributor.

49 . Where any voluntary association has been constituted at any place for charitable purposes, the means for which are raised by volun-tary contributions from time to time, and the business of such associa-tion is carried on by office-bearers elected by contributors or by a public meeting, it shall be lawful to provide in any scheme such as is sanctioned under this Part of this Act that the purposes of such scheme may in whole or in parb be carried out, and the funds or parts thereof be administered, by the office-bearers for the time being of any such voluntary association.


SCHEDULES.

FIRST SCHEDULE. ENACTMENTS CONSOLIDATED.

1856, No. 21.—" The Religious, Charitable, and Educational Trusts Act, 1856." 1863, No. 15.—" The Religious, Charitable, and Educational Trusts Act Amend-

ment Act, 1863." 1871, No. 56.—" The Charitable Funds Appropriation Act, 1871." 1875, No. 83.—" The Religious, Charitable, and Educational Trusts Act Amend-

ment Act, 1875." 1884. No. 26.—" The Religious, Charitable, and Educational Trust Boards Incor-

poration Act, 1884." 1886, No. 5.—" The Charitable Trusts Extension Act, 1886."

SECOND SCHEDULE. Section 3 (2). MEMORANDUM of the choice and appointment of new trustees of the following properties, 21, viz. : [Description of property] situate . at a meeting of [Description of tongre- '1

gation, society, or body of persons] duly convened and held for that purpose at or in [Name of place], on [Datej, and of which [Name of chairman or president] was chairman [or president].

Names and description of all the trustees on the constitution or last appointment of trustees made on the day of :—

A.dam Bell, of Charles Dixon, of Edward Foster, of

Names and description of all the trustees in whom the said property now becomes legally vested:—

First: Old'continuing trustees,— Charles Dixon, of Edward Foster, of

Second : New trustees now chosen and appointed,— Benjamin Adams, of Jonathan Edmonds, of

Dated this day of , 19 . A. B.,

Chairman [or President] of the said Meeting. Signed, sealed, and delivered by the said A. B., as chairman [or president] of the said

meeting, at and in the presence of the said meeting, on the day and year aforesaid, in the presence of— C. D.

E. F.

THIRD SCHEDULE. Section 5. WE hereby apply to be incorporated under the provisions of " The Religious, Charitable, 1884> No. 26, and Educational Trusts Act, 1908." F i r s t Schedule.

(1.) The name of the Board to be the Society or Trust Board. (2.) The registered office of the Board to be at Dated at , this day of , 19 .

Witness— A. B.,

Justice of the Peace [or Solicitor].


Section 6. 1884, No. 26, Seoond Schedule.

FOURTH SCHEDULE. I HEREBY certify that the Society or Trust Board was duly incorporated under the provisions of " The Religious, Charitable, and Educational Trusts Act, 1908," on the day of , 19 .

Dated at , this day of . 19 CD.,

Registrar of the Supreme Court at

religious, charitable and , educational trusts. · 2013. 11. 3. · religious, charitable, and...

Documents