TRUSTEES APPOINTMENT (BAHAMAS) [CH.173 – 1

––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– [Original Service 2001] STATUTE LAW OF THE BAHAMAS

TRUSTEES APPOINTMENT (BAHAMAS) CHAPTER 173

TRUSTEES APPOINTMENT (BAHAMAS)

ARRANGEMENT OF SECTIONS

SECTION

1. Short title. 2. Extends Acts of Parliament. 3. Appointment of trustees. 4. This Act to be read with the Acts of Parliament declared to be in force. 5. Deed made under this Act to be recorded. 6. The court may wholly or partly relieve trustees from personal liability.

TRUSTEES APPOINTMENT (BAHAMAS) [CH.173 – 3

––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– [Original Service 2001] STATUTE LAW OF THE BAHAMAS

CHAPTER 173

TRUSTEES APPOINTMENT (BAHAMAS) An Act to extend to The Bahamas certain Statutes

of the Imperial Parliament relative to the appointment of trustees of places for religious worship or for educational purposes.

[Commencement 11th May, 1903] 1. This Act may be cited as the Trustees Appointment

(Bahamas) Act. 2. The Acts of the Imperial Parliament thirteenth

and fourteenth Victoria chapter twenty-eight and fifty-third and fifty-fourth Victoria chapter nineteen known as “The Trustees Appointment Acts 1850 to 1890” are hereby declared to be in force within The Bahamas.

3. In any case where it is provided in the deed declaring the trust that new trustees shall be elected by the surviving trustees out of a number of persons nominated by any officer for the time being of the congregation or society in question, then if there are no surviving trustees in existence and if there is no provision in the deed declaring the trust for the appointment of trustees in such a case new trustees may be appointed by such officer and such trustees so appointed shall be deemed to be the successors to the trustees of the deed declaring the trust and to have been appointed in the manner provided by such deed.

4. This Act shall be read in connection with the Acts of the United Kingdom hereby declared to be in force in The Bahamas and all words and expressions used in this Act shall have the same meaning as in the said Acts of the United Kingdom.

5. Any deed made under the provisions of this Act shall be recorded in the Registry of Records.

14 of 1903 35 of 1904

Short title.

Extends Acts of Parliament. Ch. 174; Ch. 175.

Appointment of trustees.

This Act to be read with the Acts of Parliament declared to be in force.

Deed made under this Act to be recorded.

CH.173 – 4] TRUSTEES APPOINTMENT (BAHAMAS)

STATUTE LAW OF THE BAHAMAS [Original Service 2001]

6. If it appears to the court that a trustee is or may be personally liable for any breach of trust, when the transaction alleged to be a breach of trust occurred before or after the passing of this Act, but has acted honestly and reasonably and ought fairly to be excused for the breach of trust and for omitting to obtain the directions of the court in the matter in which he committed such breach, then the court may relieve the trustee wholly or partly from personal liability for the same.

35 of 1904, s. 3.

The court may wholly or partly relieve trustees from personal liability.