Trustees Appointment Act 1891 (SA)

ANNO QUINQUAGESIMO QUARTO ET QUINQlJA-

GESIMO QUINTO

A.D. 1891.

No. 523.

An Act to facilitate dealings with Trust Estates, and for

other purposes.

[A seated to, December r pth, z89r.]

E it Enacted by the Governor of the Province of South Council and House of Assembly of the said province, in this present	B Australia, with the advice and consent of the Legiektive '
Parliament assembled, as follows, that is to say:

1. This Act may be cited for all purposes as The Trustees Short title.

Appointment Act, 189 1."

2. This Act is permissive only, and trustees may be appointed Act to be permissive.

and trust estates may be transferred, conveyed, and assigned as if

623

this Act had not been passed.

3. This Act shall not apply to any trust estates held upon any Application of Act.

trust created by- any instrument expressly forbidding the application of this Act ; but, except as provided by this section, this Act shall apply to all trust estates.

4, I n the interpretation of this Act the following words shall Inte~retation.

have the following meanings :-

L' Trust estates'' shall include real and personal estate of every

description held upan trust:

Appointment of new trustees" shall include every appointment of new trustees, and whether such new trustees are to act solely or jointly with any old trustees:

a Real Property Act" shall include L The Real Property Act, '

1886," and all Acts amending the same. 6. b y

2 54" & 55' VICTORIW, No. 523. h

The 23.ustees Appointment Act.--I 891.

-- - -

a~~intmmt 5. Any appointment of new trustees, if signed by the persons

of

* o ~ o f new trustee.

entitled to exercise the power of appointment and by the new trustees, and attested in manner prescribed by the Real Property

Act for the attestation of instruments, and made in the form or to

the effect contained in the First Schedule hereto, or as near t.hereto

as circumstances will permit, shall be suficient and valid and

effectual to all intents and purposes, so far as regards the form and

mode of execution and attestation thereof.

Extension of power

of appointing new 8, Any power of appointing new trustees vested in any persons

trustees.	within the province, jointly with any persons absent therefrom, and
who shall have been continuously absent therefrom for at least one
year then immediately preceding, may be exercised by such first- mentioned persons solely as if such power were exclusively vested
in them, and such power shall extend to authorise the appointment
of new trustees in the places of any trustees absent from the province, and having been continuously absent therefrom as aforc- said, and such trustees on any appointment of new trustees in their places shall cease to be trustees.
Appointment of new

trustees may be 7, On any appointment of new trustees, a memorandum of such

registered.

appointment may be registered in the General Registry Office, or in

the Lands Titles Registration Office, at Adelaide.

Re&ratiofi to vest

estates in new 8. On the registration of any memorandum of the appointment

trusteee.	of new trustees, such trustees shall be deemed to be duly appointed, and the trust estates held upon tile trusts to which such new trustees are appointed shall, without any conveyance, transfer, or assignment, vest in the new trustees, either solely or jointly with the old t~ustees,
as the case mau require, for all the estate and interest of the old trustees therein; subject to the trusts affecting such trust estates then subsisting, and capable of taking effect: Provided that-

I. In ordcr to affcct any land not held under the provisions of

the Rcal l'roperty Act. the rncmorandum shall be regis-

tered in the General Registry Office:

11. In order to affect any land held uuder the ,p~.ovisions of the

Real Property Act, the memorandum shall be registered in the Lands Titles Registration Office, and the Registrar- General shall enter in the register book a memorial of such memorandum.

Registered pro Q, Upon the entry in the register book of the memorial pro-

prietors. vided for by sub-division 11. of the preceding section, the persons in whom the trust estates shall vest pursuant to the said section shall be the registered proprietors thereof for all the purposes of the Real Property Act,

Registration with 10, Whenever any land is brought or dealt with under the pro-

power of disposition visions of the Real Property Act, the application or instrument

to lessen of

joint ownem affecting the same may require the registration consequent thereon, if in favor of two or more persons, to be made with the addition of

the

54' & 55O VICTORIE, No. 523.

The Bustees Appointment Act.--1891.

the words '' with power of disposition to any" less number of L' registered proprietors" to be specified in such application or instru- mcnt, and thereupon the Registrar-General shell include in the registration the words desired, and thercaftcr, whilst such regis- tration shall continue, the number of registered proprietors so speci- fied whilst registered with others as joint owners may deal with and dispose of the registered estate or interest as if they were registered

as sole proprietors thereof.

11. Every memoranclurn of the appointment of new trustees pre- sented for registration pursuant to this ,4ct shall be in the form con-

of appointment of

Pormof memorandum

new trustee.

tained in the Second Schcdulc hereto, and shall contain the

prticulars thcrcin rcferred to.

12, No memorandum of the appointment of new trustees shall Verification of

be received for registration unless the contents thereof shall be	memorandum.
verified by affidavit or declaration accompanying such memorandum in the form contained in the Third Schedule hereto, and made by the persons entitled to exercise and exercising the power by which the new trustees are appointed, or, if such pcrsoncs number more than three, by any three of such persons.
13, When a power of appointing new trustees is exercisable and exercised by any meeting or body of persons by resolution or voting,	Verification of memo-
randum in special
WBB.
the affidavit or declaration required to be made by the preceding section may be made by any three persons present at the exercise of such power, of whom the chairman or person presiding shall be one.

14, Nothing herein contained, or hereby implied or to be done Preeervation of owers of

in pursuance of this Act, shall be construid t o affect the title of f;	egistrar- General.
any registered propl-ictor with noticc of any trust, or otherwise to limit thc right of any registered proprietor to deal with the cstate h I

or interest Gf which 6e G registered proprietor for all the purposes

of the Real Property Act, as absolute owner, or to defeat, limit, or prejudice any power or discretion vested in the Registrar-General under the Real Property Act, but all such powers and discretions may be exercised by the Registrar-General with referencc to pro- ceedings under this Act; and for the purpose of such proceedings this Act shall be incorporated with the Real Property Act, and all persons shall be subject to the provisions thereof,

in pursuance of this Act, shall release any trustee Prom any liability 15, Nothing hercin contained, or hereby implied or to bc done ~;;~;~P~,"~~~~~.

for any breach of trust.

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

this Bill.

KINTORE, Governor,

SCHEDULES.

54' & 55' VICTORIW, No. 523.

The Trustees Appoinhent Act.-1891.

THE FIRST SCH EDTJLE.

Appointment of N e w Trustees.

Pursuant to " The Trustees Appointment Act, 1891," we [here set otrt names, addresses, and occupations], being persons entitled to exercise and exercising the

power of appointing new trustees of the trust hereinafter referred to, do hereby appoint here set out nornes, arld~egses, and occqmtions of new trustees] to be new

trustees 1 here if necessary insert " jointly with "J [here insert names, addresses, and	occupations of the old continuing trustees] of the trust constituted under [here set out
shortly particulars of the irtstrument creating the trust, i nc ludh~y date awd name of persom b,y whom trust was created], and we thc said [hcre insert names of new trustees] do hereby accept the said trusteeship.

Dated this day of , 18 .

[ T o be signed by the persons exercising the poz~'e1' g appointment,

and by the new trustees, and to be attested.]

THE SECOND SCHEDULE.

Memorandum o f the Appo in tnz~n t of N e w Trustees.

Pursuant to " The Trustees Appointment Act, 1891 ," it is hereby certified as

follows :-

l. The trust is constituted under [here set out shortly y a r t i c u l a ~ s of the instru-

men t creating the trust, i?zcZuding date and names ofpersons by whom trust created].

2, The trust estates coneist of [here set out shortly the trust estates, giz.ing par- tMulars au@cient to identify, SO f a r as practicable, and, as regards real estnfe, giving

the last registration, r~Jerence, and the estate or interest of the trustees].

3. The names, addresses, and occupations of the trustees on the constitution of the

trust for whichecer shall last hnppen, on the last appointment of trustees, dated the

day of , 18 ) were [here set out names, addresses, and occupations.]

4. The power of appointing new trustees isvested in [here set out persons in whom i t i s vested] by virtue of the provision in that behalf contained in Lhere set out where contained. Add, i fprovis ion not contained in A c t o f Parlianzent] and of which pro-

vision the following is a copy [here set out copy].

5. The power of appointing new trustees of the said trust has been lawfully exer-

tcised by the persons entitled to exercise the same by the appointment of the new

&rwtees mentioned in the next paragraph.

6. The pasons in whom the trust estates will become vested on compliance with. the provisions of ' c The Trustees Appointment Act, 1891," are as followu :-

Firstly.-Old continuin trustees [here set out names, addresses, and occupations OJ

OM trustees, $any?.

Secondly.-New trustees [here set out names, addresses, and occupations of new

trustees].

Dated this day of , 18 .

[ T o be siyned by the persons entitled to make the afldnvit

or declaration verifying, and to be attested].

THE THIRD SCHEDULTL

We [here set out Izames, addresses, artd occupations of deponents], the persons .signing the memorandum of the appointment of new trustees above mitten for annexed hereto, as the case m a y be), severally make oath and swear /or, as the case

m a y be, solemnly and sincerely declare) as follows, that is to say :-

l. The statements contained in the said memorandum are true in every particular.

2. We are [here show authority to make the afidavit or declaration. as, for instance,

the persons entitled to exercise and exercising the power by which the new trustees -are appointed."]

[TO	bc signed and severally sworn or declared by all
deponents before a justice of the peace.]

Adelaide : By authority, C. E. BEISTOW, Government