Public Trusts Act 1882 (Tas)

Public Trusts Act 1882

An Act to vest property held on public, religious, and charitable trusts in the succeeding trustees without conveyance or assignment [Royal Assent 9 October 1882]

Be it enacted by His Excellency the Governor of Tasmania, by and with the advice and consent of the Legislative Council and House of Assembly, in Parliament assembled, as follows:

1. Short title and commencement This Act may be cited as the Public Trusts Act 1882 , and shall commence from the first day of December 1882.

2. Interpretation In this Act, unless the contrary intention appears – approved form means a form approved by the Recorder under section 169A of the Land Titles Act 1980 ; document of title includes any conveyance, lease, mortgage, or certificate of title, and any bond, promissory note, bill of exchange, policy of assurance, debenture, treasury bill, certificate, warrant, or other document evidencing title to any property where any assignment, transfer, or indorsement, or the signature of the owner to or upon any matter or thing is necessary to pass such property, but does not include any document the mere delivery whereof passes the property comprised therein; property means property real or personal, including choses in action; registered head or representative of a religious denomination means the person for the time being registered as such head or representative under the provisions of this Act; the Recorder means the Recorder of Titles.

3. What trusts may be registered under Act All trusts for public, religious, educational, or charitable purposes, and all trusts which the Attorney-General may certify are proper to be registered under this Act may be registered as hereinafter provided.

4. Registration of trusts Except as hereinafter mentioned, every application to register any trust under this Act must be made by the same authority that is necessary for the appointment of a new trustee of such trust, and the vesting of the trust property, and every part thereof in such new trustee, whether solely or together with any surviving or continuing trustees, and, in case of any trust for purposes connected with any religious denomination, with the consent of the registered head or representative of such denomination in Tasmania or in the part of Tasmania to which such trust relates, and, in all other cases, with the consent of the Attorney-General.