40Limitation of the number of trustees

40 Limitation of the number of trustees (1) Where, at the commencement of this Act, there are more than four trustees of a settlement of land, or more than four trustees holding land on trust for sale, no new trustees shall (except where on the appointment the number is four or less) be capable of being appointed until the number is reduced to less than four, and thereafter the number shall not be increased beyond four. (2) In the case of settlements and dispositions on trust for sale of land— (a) the number of trustees thereof shall not in any case exceed four and where more than four persons are named as such trustees, the four first named (who are able and willing to act) shall alone be the trustees, and the other persons named shall not be trustees unless appointed on the occurrence of a vacancy; (b) the number of the trustees shall not be increased beyond four. (3) This section applies only to settlements and dispositions of land, and the restrictions imposed on the number of trustees do not apply— (a) in the case of land vested in trustees for charitable, religious, or public purposes; or (b) where the net proceeds of the sale of the land are held for like purposes; or (c) to the trustees of a term of years absolute limited by a settlement on trusts for raising money, or of a like term created under the statutory remedies relating to annual sums charged on land[[10]](#endnote-11). No. 5770 s. 41.