Chapter 13:23 - Mitchell Trust

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L.R.O. 1/2012
LAWS OF GUYANA
MITCHELL TRUST FUND ACT
CHAPTER 13:23
Act
30 of 1937
Amended by
37 of 1950 O. 49/1953
(inclusive) by L.R.O.
Pages Authorised
Current Authorised Pages
1 – 10 ... 1/2012
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Note
on
Subsidiary Legislation
This Chapter contains no subsidiary legislation.
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CHAPTER 13:23
MITCHELL TRUST ACT
ARRANGEMENT OF SECTIONS
SECTION
1. Short title.
2. Interpretation.
3. Appointment of trustees.
4. Trustees not affected by dissolution of National Assembly.
5. Administration and accounting by trustees.
6. Cost of administration.
7. Appointment of Secretary.
8. Investment of estate.
9. Application of income from estate.
10. Applications to trustees.
11. Selection of beneficiaries.
12. Tenure and benefits.
13. Filling vacancies amongst beneficiaries.
14. Revocation of a benefaction.
15. Power to make rules.
16. Provision for cases of difference between the trustees.
SCHEDULE-Property held in trust
__________________________ 1953 Ed.
c. 53 _______________________________________________________
30 of 1937 An Act to make provision for the future disposition of the
charitable bequest contained in the will of Walter
Mitchell, deceased, and for the administration of the
assets now pertaining thereto.
[1ST JANUARY, 1938]
WHEREAS the late Walter Mitchell died at Georgetown
on the 24th March, 1862, and by his last Will and Testament
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dated 4th March, 1862, which was deposited in the Deeds
Registry on 27th March, 1862, directed that after the lapse of
fifteen years from the date of his death the whole of his
residuary estate was to be at the disposal of the Legislature of
Guyana in order to form or found a church college or other
charitable institution in Guyana similar to the Saffon
Establishment though not with the same exclusion but under
similar rules for such purpose appointing the Legislature his
residuary heir, leaving the arrangement to the superior
judgment of the Governor and Court of Policy, the then
Legislature of Guyana;
AND WHEREAS the Legislature of Guyana did from
time to time give directions and make regulations for the
application of the income accruing annually from the said
residuary estate by the establishment of certain scholarships
and foundations;
AND WHEREAS doubts having arisen as to whether
such directions and regulations gave proper effect to the
intention of the Testator in that they were not in strict
accordance with the directions contained in the will of Pierre
Louis De Saffon, deceased, as embodied in the Saffon Trust
Ordinance, now Chapter 246 of the 1930 edition of the Laws
of British Guiana, the Legislative Council did by a resolution
dated 29th August, 1934, approve of an application being
made to the Supreme Court for an interpretation of the before
mentioned bequest;
AND WHEREAS an application as aforesaid was made
to the Supreme Court on 13th October, 1936, and a judgment
thereon given by His Honour the acting Chief Justice on 6th
November, 1936;
AND WHEREAS by the terms of the aforesaid judgment
the Court held, inter alia, that the income from the estate
being insufficient to form or found a church college or other
charitable institution in Guyana, the Cypres doctrine should
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Short title.

Interpretation.
be invoked and it being a term of the bequest that the
arrangements for giving effect thereto were left to the
superior judgment of the Legislature of Guyana, it was
therefore competent for the Legislative Council to formulate,
subject to the conditions of eligibility as laid down in the
judgment, a scheme for the maintenance and education of
orphans and half orphans;
AND WHEREAS in the past under the directions and
regulations of the Legislature of Guyana the benefits of the
bequest have not at all times been devoted to the benefit of
eligible persons, that is to say, the poorest and most needy
orphans and half orphans;
AND WHEREAS it is therefore now expedient to give
effect to the judgment of His Honour the acting Chief Justice
as aforesaid by embodying in an enactment of the Legislature
a scheme for the future disposition of the bequest and the
administration of the assets now pertaining thereto in manner
as near as possible to the testamentary intentions of Walter
Mitchell, deceased:
BE IT, THEREFORE, enacted as follows:
1. This Act may be cited as the Mitchell Trust Act.
2. In this Act-
“the beneficiaries” means the persons selected as such as
provided for this Act;
“the estate” means the property held by the Secretary to the
Treasury on behalf of the National Assembly under the
terms of the will of Walter Mitchell, deceased, as set out
in the Schedule or any securities which may have been
substituted therefor prior to the date of the coming into
force of this Act together with any moneys uninvested
upon that date;
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Appointment
of trustees.
[O. 49/1953]

“the trustees” means the persons from time to time filling the
office of trustees and having and exercising all the rights
and powers in them vested by this Act
3. (1) The estate shall be vested in a committee of the
National Assembly which shall be styled “the Mitchell Fund
Trustees” and shall consist of the persons following:
(a) the Minister responsible for social
welfare;
(b) two other members of the National
Assembly to be appointed by the
Minister.
(2) The trustees shall hold office for a period of
three years subject to section 4 and shall be eligible for re-
appointment for a further term or terms.
(3) The Minister may, for any cause he deems
sufficient cancel the appointment of a trustee and appoint
another trustee in his place.
(4) A trustee shall vacate his office –
(a) if he resigns in writing addressed to
the Minister or,
(b) if he departs from Guyana without
the leave of the Minister, or
(c) if he ceases to be a member of the
National Assembly.
(5) The Minister may appoint any member of the
National Assembly to act in the place of any trustee who is
temporarily absent from Guyana.

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Trustees not
affected by
dissolution of
National
Assembly.

Administration
and accounting
by trustees.
[37 of 1950]


Cost of
administration.

Appointment
of secretary.
[O. 49/1953]

(6) The foregoing subsections (other than
subsection (l)) of this section shall not apply to the Minister
responsible for social welfare.
4. Upon a dissolution of the National Assembly the
Trustees, notwithstanding the provisions of the last preceding
section, shall continue in office and shall have the powers and
discharge the duties of trustees appointed under this Act until
the day upon which the National Assembly next meets after a
dissolution. Thereupon the trustees other than the Minister
responsible for social welfare shall cease to be trustees but
shall, subject to section 3(1) be eligible for reappointment by
the Minister.
5. (1)The trustees shall administer the estate in
accordance with this Act and shall on or before the 31st May
in each year present to the National Assembly an account of
their administration during the twelve months ending on the
preceding 31st December.
(2) The accounts of the trustees shall be audited by
the Director of Audit annually and at such other times as the
Minister may appoint.
6. The trustees shall not be entitled to remuneration
for their services but may charge to the fund any
disbursement on account of travelling and subsistence
expenses together with all other costs, charges and expenses
incidental to the administration of the estate.
7. The person for the time being holding or acting in
the office of Clerk of the National Assembly shall be Secretary
to the trustees and shall be entitled to remuneration from the
estate at the rate of seventy-two dollars per annum in respect
of any period during which he discharges the duties of
Secretary:
Provided that the Minister may at any time and for any
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Investment of
estate.

Application of
income from
estate.

Applications to
trustees
(37 of 1950)

Selection of
beneficiaries.
Tenure and
benefits.
[37 of 1950]
cause he deems sufficient appoint any other person to act in
place of the Secretary and to receive the remuneration.
8. The trustees shall keep the funds of the estate
invested in such securities as the Minister may from time to
time approve.
9. The annual income of the estate after deducting
therefrom the cost of administration as hereinbefore provided
shall be applied in the manner and to the extent hereinafter
set out and any balance remaining shall be added to the funds
of the estate of which it shall thereafter form a part.
10. Within one month of the commencement of this
Act or within one month of the occurrence of a vacancy under
section 13 or within such further time as the trustees may
allow, the Secretary to the trustees shall cause notices to be
published in the Gazette and in two daily newspapers
circulating in Guyana upon two occasions inviting
applications to be made on or before the date specified in the
notices (which date shall be approved by the trustees for the
purpose) on behalf of children of either sex between the ages
of five and sixteen years who are orphans or half orphans
born in Guyana. Such applications shall be submitted in
writing to the Secretary and in a form approved by the
trustees.
11. Within three months of the commencement of this
Act, the trustees shall select from the children eligible and on
whose behalf application has been made, six beneficiaries,
preference being given to the poorest and most needy.
12. (l) The trustees shall pay to the parent or guardian
of each beneficiary or to some other person selected by the
trustees for the purpose the sum of one hundred and eighty
dollars per annum until the beneficiary shall attain the age of
sixteen years or shall cease to be a beneficiary.

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Filling
vacancies
amongst
beneficiaries.

Revocation of a
benefactor.


Power to make
rules.
(2) It shall be the duty of a parent or guardian or
other person selected by the trustees to apply all sums
received by them from the trustees for the care, maintenance,
education and welfare of the beneficiary, and the trustees
shall have power at any time to withhold any payment, or to
make payment to some other person on behalf of the
beneficiary, whenever the trustees have reason to believe that
the parent, guardian, or person selected by them to receive
payment, has not applied the sums received or any portion
thereof as in the manner required.
(3) The Minister may, by order, increase or reduce
the sum payable under this section.
13. (1)Upon a vacancy occurring amongst the
beneficiaries, the Secretary to the trustees shall proceed
within the time and in the manner provided in section 10 and
the trustees shall within a reasonable time thereafter select a
new beneficiary in compliance with section 11.
(2) A vacancy shall occur –
(a) when a beneficiary attains the age of
sixteen years;
(b) upon the death of a beneficiary;
(c) upon the revocation of a benefaction
by the trustees under section 14.
14. The trustees may at any time subject to the approval of the Minister, revoke a benefaction if they are
satisfied that a beneficiary has ceased to stand in need of or to
merit further benefit from the estate.
15. Subject to this Act, the trustees shall have power
from time to time to make rules for the conduct of their
business, and for the administration and management of the
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Provision for
cases of
difference
between
trustees.

s. 2

estate which shall be binding on all persons affected thereby.
16. If any difference of opinion arises between the
trustees as to the exercise of any of the powers conferred by
this Act, or as to the administration of the estate, they or one
of them may report the matter to the Minister who shall give
his opinion thereon, which when given, shall be binding on
the trustees and on all persons claiming under the trust who
shall be affected by the question so decided.
SCHEDULE
DESCRIPTION
FACE VALUE IN £
STERLING
British Guiana (Ord. 19
of 1896)
4th Issue 3% Bonds ... ... 75000
Do. do. 7th Issue ,, ... ... 30000
Ceylon (1959) Stocks ... ... 370174
British Guiana (Ord. 6 of
1916)
18th Issue ,, ... ... 5218
Do. do. 20th Issue ,, ... ... 8368
Do. do. 21st Issue ,, ... ... 10434
Gold Coast (1939/59) ,, ... ... 1,16838
Canada (1930/50) ,, ... ... 74411
Cape (1933/43) ,, ... ... 463145
Sierra Leone (1938/63) ,, ... ... 94110
Straits
Settlements(1937/67)
,, ... ... 19315
New Zealand (1945) ,, ... ... 1607193
Nigeria (1950/60) ,, ... ... 1,00000
New Zealand (1946) ,, ... ... 819154
7,076152
514210 Post office Savings Bank-Deposit ... ...
£7,590180
__________________
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