Public Charities Act 1876 (SA)

ANNO TRTCESIMO NOSO ET QUADRAGESIMO

A. D. 1876.

No. 39.

An Act to antend Act No. 7 of' 1875, " The Public Charities Act, 187 5."

[Assented to, 27th October, 1876.1

IAS i t is cxpcdient to amend "The Public Charities Preamble.

,4ct, 1875 "-Be it therefore Erracted by the Governor of

the Province of South Australia, with the advice and consent of the WHERE	Legislative Council and Honse of Aswmbly of thc said Province, in
this present Parliament asscmblcd, as follows:

1. This Act may be citcd for all purposes as " The Public Charities short Title.

Act, 1876."

sioners

2. I n this Act " the said Commissioners " shall mean the Commis- Interpretation.

sioners to bc appointed under this Act; and the words Public

Charitable Institutions " and " Institutions," " Board of Management,"

gifts," shall be read and construed according to the interpretation

contained in section 1 of '' I he Public Cktrities Act, 1 87 5."

3. The Governor may, from time to time, on the application of tllc Appointment OE

Board of Management " of any particular Public Charitable Institu- DOmmiaaionern~

tion, appoint three or more persons to be Commissioners of the charitable funds of such Public Charitable Institution; and until any such appointment shall be made, the Auditor-General, Under Secretary, and Under Treasurer shall continue to act as Commis- sioners in the manner provided by " The Public Charities Act, 1875."

4. The said Commissioners and thcir successors so to be appointed Commissioners to be

hall be a body politic and corporate, by the name of " The Commis- body politic and cor-

39" & 40" VICTQRIB, No. 39. -- --P

The Public Charitdos Ac t .1876.

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sioners of " (such blank being filled up with the distinctive name of the imtitution), and by such name shall have perpetual successim and a common seal, and by that name may sue and be sued in dl C a t s of Law, and shall be capable to take, purchase, and hold, and to sell, demise, exchange, and otherwise

, dispose of all gifts whatsoever which may be made to the particular Public Charitable Institution, of which they shall have been appointed the Commissioners, and they shall stand possessed of the said gifts in trust for the particular institution to which they shall belong.

wi, ~ O V ta rent in 5.

All gifts which shall hereafter be made to any Public Charitable Institution shall at once vest in the said Commissioners of the particular Public Charitable Institution for the purposes of this Act without any conveyance or assignment whatever; and in

tnuk.

the event of any gift being made in trust for any such institution

by any will or deed, it shalI be a sufficient compliance with the trusts of such will or deed in that behalf, if the executors, trustees, or other persons in whom the immediate property or passes- sion of such gift is vested, pay over, convey, or transfer the same (as they are hereby required to do) to the said Commissioners in their corporate name, whose receipt or releasc therefor shall be a sufficient discharge for such executors, trustees, or other persons as aforesaid.

commissionemunder	6. The persons authorized to act as the Commissioners of
Act of 1876 to pay

MS to charitable funds, under " The Public Charities .4ct, 1875," shall,

aioners wder the Act. immediately after the appointment of the said Co.mmissioners, pay

over, convey, or transfer to them in their corporate name any gift held in trust by them for the particular Public Charitable Institution which the said Commissioners represent.

Certain sections of 7. Sections 5,6,7,8,9,11,13 of The Public Charities Act, 1875,"

Act '8'4. ta

to Comrmssioner6	shall alike apply to the said Commissioners for the purposes of this
under this Act-	Act (so far as the same may be applicable thereto).

8. The said Commissioners shall keep proper books of account,

BOO^ of accomt to

to Auditor-General. delirered showing the moneys received and held by them on account of the particular Public Charitable Institution they represent, and such account shall be balanced on thc first day of July in evcry year, and they, the said Commissioners, shall procure their accounts to be delivered into the office of the Auditor-General, and shaU attend at or within such time as shall be appointed, and have such accounts taken and passed, and in taking and passing such accounts all just

r a p s n t of expenses. allowances, including all charges and expenses incurred by them in

the exercise of their duties under this Act, and of passing the accounts, shall be defrayed out of the moneys which shall come to their hands.

In the name and on behalf of Her Majesty, I hereby

assent to this Bill.

A. MUSGRAVE- Governor.

Adelaide : By authority, W. 0, Cox, Government Printer, North-termae.