Charitable Trustees Incorporation Act 1872

JurisdictionUK Non-devolved
Citation1872 c. 24


Charitable Trustees Incorporation Act, 1872

(35 & 36 Vict.) CHAPTER 24.

An Act to facilitate the Incorporation of Trustees of Charities for Religious, Educational, Literary, Scientific, and Public Charitable Purposes, and the Enrolment of certain Charitable Trust Deeds.

[27th June 1872]

Whereas it is expedient to facilitate the incorporation of the trustees of charities established for religious, educational, literary, scientific, or public charitable purposes, and to provide for the due protection and transmission of the property belonging to or vested in such charities, or trustees of such charities, and to diminish the expense of enrolment under an Act passed in the thirtieth year of the reign of Her present Majesty, intituled ‘An Act to make further provision for the enrolment of certain deeds, assurances, and other instruments relating to charitable trusts:’

Be it therefore enacted by the Queen's most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:

S-1 Upon application of trustees of any charity, Commissioners may grant certificate of registration as a corporate body.

1 Upon application of trustees of any charity, Commissioners may grant certificate of registration as a corporate body.

1. From and after the passing of this Act it shall be lawful for the trustees or trustee for the time being of any charity for religious, educational, literary, scientific, or public charitable purposes, to apply, in manner herein-after mentioned, to the Charity Commissioners for England and Wales for a certificate of registration of the trustees of any such charity as a corporate body; and if the Commissioners, having regard to the extent, nature, and objects and other circumstances of the charity shall consider such incorporation expedient, they may grant such certificate accordingly, subject to such conditions or directions as they shall think fit to insert in their certificate relating to the qualifications and number of the trustees, their tenure or avoidance of office, and the mode of appointing new trustees, and the custody and use of the common seal; and the trustees of such charity shall thereupon become a body corporate by the name described in the certificate, and shall have perpetual succession and a common seal, of which the device shall be approved by the Commissioners, and power to sue and be sued in their corporate name, and to hold and acquire, notwithstanding the statutes of mortmain, and by instruments under their common seal to convey, assign, and demise, any present or future property, real or personal, belonging to, or held for the benefit of, such charity, in such and the like manner, and subject to such restrictions and provisions, as such trustees might, without such incorporation, hold or acquire, convey, assign, or demise the same for the purposes of such charity: Provided that nothing herein contained shall be taken or construed so as to extend, modify, or control any of the provisions of an Act passed in the ninth year of his Majesty King George the Second, chapter thirty-six, intituled ‘An Act to restrain the disposition of lands whereby the same become unalienable,’ or to make valid any gift, grant, or purchase which would be invalid under the enactments contained in that Act.

S-2 Estate to vest in body corporate.

2 Estate to vest in body corporate.

2. The certificate of incorporation shall vest in such body corporate all real and personal estate, of what nature or tenure soever, belonging to or held by any person or persons in trust for such charity, and thereupon any person or persons in whose name or names any stocks, funds, or securities shall be standing in trust for the charity, shall transfer the same into the name of such body corporate, except as herein-after provided; and all covenants and conditions relating to any such real estate enforceable by or against the trustees thereof before their incorporation shall be enforceable to the same extent and by the same means by or against them after their incorporation: Provided always, that if such property shall be of copyhold or customary tenure, and liable to the payment of any fine or heriot on the death or alienation of the tenant or tenants thereof, it shall be lawful for the lord or lady of the manor of which such property shall be holden, on the granting of the said certificate, and at the expiration of every period of forty years thereafter so long as such property shall belong to such body corporate, to receive and take a sum corresponding to the fine and heriot, if any, which would have been payable by law upon the death or alienation of the tenant or tenants thereof, and to recover the same by any means which such lord or lady could have used in the event of the death or alienation of the tenant or tenants of such property, such payments to be in full of all fines and heriots payable in respect of the same property: Provided also, that such certificate shall not have the effect of summarily transferring or directing the transfer to the incorporated trustees any stocks, funds, or securities held by the official trustees of charitable funds for the benefit of the charity, but the same shall be transferable only by the official trustees to the incorporated trustees under the discretionary order of the Commissioners and by the ordinary means of transfer or assignment.

S-3 Particulars respecting application.

3 Particulars respecting application.

3. Every application to...

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