Part 5Special provisions as to appointment of new trustees

Part 5—Special provisions as to appointment of new trustees 70—This Part to be permissive This Part is permissive only, and trustees may be appointed and trust estates may be transferred, conveyed, and assigned as if this Part had not been passed. 71—Application of this Part This Part shall not apply to trust estates held upon any trust created by an instrument expressly forbidding the application of this Part; but, except as provided by this section, this Part shall apply to all trust estates. 72—Interpretation In this Part— trust estates includes real and personal estate of every description held upon trust; appointment of new trustees includes every appointment of new trustees, and whether such new trustees are to act solely or jointly with any old trustees. 73—Form of appointment of new trustee Any appointment of new trustees, if signed by the persons entitled to exercise the power of appointment and by the new trustees, and attested in manner prescribed by the Real Property Act 1886 for the attestation of instruments, and made in the form or to the effect contained in Schedule 1 hereto, or as near thereto as circumstances will permit, shall be sufficient and valid and effectual to all intents and purposes, so far as regards the form and mode of execution and attestation thereof. 74—Extension of power of appointing new trustees (1) Any power of appointing new trustees vested in any persons within the State, jointly with any persons absent therefrom, and who have been continuously absent therefrom for at least one year then immediately preceding, may be exercised by the persons within the State solely as if the power were exclusively vested in them. (2) The power conferred by this section on the said persons within the State shall extend to authorise the appointment of new trustees in the places of any trustees absent from the State, and having been continuously absent therefrom for at least one year immediately preceding the appointment of new trustees, and such trustees on any appointment of new trustees in their places shall cease to be trustees. 75—Appointment of new trustees may be registered On any appointment of new trustees, a memorandum of that appointment may be registered in the General Registry Office or in the Lands Titles Registration Office, at Adelaide. 76—Registration to vest estates in new trustees On the registration of any memorandum of the appointment of new trustees, those trustees shall be deemed to be duly appointed, and the trust estates held upon the 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 trustees, as the case may 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— (a) in order to affect any land not held under the provisions of the Real Property Act 1886, the memorandum shall be registered in the General Registry Office: (b) in order to affect any land held under the provisions of the Real Property Act 1886, 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. 77—Registered proprietors Upon the entry in the register book of the memorial provided for by subdivision (b) of the preceding section, the persons in whom the trust estates vest pursuant to the said section shall be the registered proprietors thereof for all the purposes of the Real Property Act 1886. 78—Registration with power of disposition to lesser number of joint owners (1) Whenever any land is brought or dealt with under the provisions of the Real Property Act 1886 the application or instrument affecting the same may require the registration consequent thereon, if in favour of two or more persons, to be made with the addition of the words "with power of disposition to any                      registered proprietors" specifying in that application or instrument a smaller number of registered proprietors. (2) Thereupon the Registrar-General shall include in the registration the words desired, and thereafter, whilst the registration continues, the number of registered proprietors so specified 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. 79—Form of memorandum of appointment of new trustee Every memorandum of the appointment of new trustees presented for registration pursuant to this part of this Act shall be in the form contained in Schedule 2 hereto, and shall contain the particulars therein referred to. 80—Verification of memorandum (1) No memorandum of the appointment of new trustees shall be received for registration unless the contents thereof are verified by affidavit or declaration accompanying such memorandum in the form contained in Schedule 3 hereto, and made by the persons entitled to exercise and exercising the power by which the new trustees are appointed, or, if such persons number more than three, by any three of such persons. (2) Such an affidavit or declaration shall for all purposes be prima facie evidence of the truth of the statement contained therein. 81—Verification of memorandum in special case When a power of appointing new trustees is exercisable and exercised by any meeting or body of persons by resolution or voting, 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. 82—Preservation of powers of Registrar-General Nothing in this Part, or implied by this Part, or to be done in pursuance of this Part, shall be construed to affect the title of any registered proprietor with notice of any trust, or otherwise to limit the right of any registered proprietor to deal with the estate or interest of which he is registered proprietor for all the purposes of the Real Property Act 1886 as absolute owner, or to defeat, limit, or prejudice any power or discretion vested in the Registrar-General under the Real Property Act 1886 but all such powers and discretions may be exercised by the Registrar-General with reference to proceedings under this Act; and for the purpose of such proceedings this Part shall be incorporated with the Real Property Act 1886 and all persons shall be subject to the provisions thereof. 83—Preservation of liability of trustee Nothing in this Part, or implied by this Part, or to be done in pursuance thereof, shall release any trustee from any liability for any breach of trust. 84—False affidavit or declaration It shall be sufficient if an affidavit or declaration under section 80 purports to be made under the Trustee Act 1936 and any person wilfully making a false statement in any such affidavit or declaration shall be guilty of perjury.