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(Government of Alesttne. PUBLISHED FORTNIGHTLY by AUTHORITY OF THE (Government of alesttne. PUBLISHED FORTNIGHTLY BY AUTHORITY. No. 416 JERUSALEM 1st. June, 1924, CONTENTS I. DRAFTS OF ORDINANCES Page (a) Charitable Trusts Ordinance 1924• 672-680• (b) Wireless Telegraphy Ordinance 1924 681-68$ 1!. ORDERS (a) Under the Municipal Courts Ordinance 1921 ... ... 683 (b) Under Local Councils Ordinance 1921 .... ... 683 III. PROCLAMATION Under the Palestine Order in Council 1922 ... ... 684-690 IV. REGULATIONS 690-692׳ Under Passport Ordinance 1920 V. GOVERNMENT NOTICES 693 ־ a) Permits Section) (b) Printed Paper Post 693 (c) Urgent Telephone Service ... ... 693 (d) Registration of Companies, Partnerships and Trade Marks 693-699, (e) Tenders and adjudication of contracts 699 (f) Return of Immigrants .. 699 (g) Quarantine Summary ... 700 (h) Appointments, etc. 703 VI. ADDENDUM Schedules to Extradition Ordinance 1924 ... ... ... 701-702 Price 5 P.T. 672 OFFICIAL GAZETTE. 1st. June, 1924 The following drafts •of Ordinances arc made public in accordance with Article il (i) (d) of the Palestine Order in Council 1922, as amended by Article 3 of ike Palestine (Amendment) Order in Council, 1928. CHARITABLE TRUSTS ORDINANCE 1924. WHEREAS by Sections 52, 53, and 54 of the Palestine Order in Council 1922 it is provided that the Moslem Religious Courts, the Courts of the Christian Communities and the Rabbinical Courts shall have jurisdiction in respect of Wakfs or Religious Endowments constituted before such Courts in accordance with the law thereof; AND WHEREAS it is desirable to make provision for the regulation of Charitable Trusts established in Palestine otherwise than in conformity with Religious Law; ..•״׳ BE IT ENACTED by the High Commissioner for Palestine, with the advice of the Advisory Council thereof: - Short Title 1. This Ordinance may be cited as the Charitable Trusts Ordinance 1924. Definition of 2. Properly is held in trust for charitable purposes in any trust. case in.which •there is an obligation annexed lo I he ownership thereof and arising out of a confidence reposed in and accepted by the 'owner or declared and accepted by him thai while the ownership is nominally vested in the owner, such property and the income and proceeds thereof shall be exclusively used and enjoyed for charitable purposes. Charitable For the purpose of this Ordinance the term charitable purposes. purposes shall include all purposes for the benefit of the public any section of the public within or without Palestine of any ׳oi of the following categories : (a) for the relief of poverty; (b) for the advancement of education or knowledge; (c) for the advancement of Religion or the maintenance of religious rites or practices; (d) for any other purpose beneficial or of interest to mankind not falling within the preceding categories. Creation of trust 3. (1) Subject to the provisions of Section 37, no trust «f immovable in relation to immovable property is valid unless declared by property. the last will of the author of the trust or of the trustee or by a non-testamentary instrument in writing signed by the author of the trust or the trustee and notarially executed. Of movable (2) No trust in relation to movable property is valid property. unless declared by the last will of the author of the trust or of the trustee, or by a non-testamentary instrument in writing signed by the author of the trust or the trustee, or unless the ownership of the property is transferred to the trustee by . delivery. Creation of trust. 4. Subject to the provision of Section 3, a trust is created when the author of the trust indicates with reasonable certainty (a) an intention on his part to create a trust; (b) the purpose of the trust; (c) the trust property; and 1st. June, 1924. OFFICIAL GAZETTE. #73• (d) (unless the trust is declared by will or the author of the trust is himself to be the trustee) transfers the trust pro­ perty to a trustee. 5. The acceptance of the trust by: the trustee may be Acceptance of shown by words or acts indicating with reasonable certainty trust. such acceptance. 6. (1) The Trustee is bound to fulfil the purpose of the Trustee to trust and to obey the directions of the author of the trust at execute trust, the time of its creation except as modified by any scheme settled by the Court for the administration of the trust in. accordance with Section 30 hereof. (2) A trustee is bound to maintain and defend all Trustee to such suits and to take such other steps as, regard being had to protect title of the nature and amount or value of the trust property, may be trust property, reasonably requisite for the preservation of the trust property and the assertion or protection of the title thereto. 7. A trustee is bound, subject to the provisions of the Care required instrument of the trust, to deal with the trust property as carefully from trustee, as a man of ordinary prudence would deal with such property if it were his own; and in the absence of a contract to the contrary, a trustee in so dealing is not responsible for the loss, destruction or deterioration of the trust pioperty. 8. Where the trust property consists of money and cannot Investment of be applied immediately or at an early date to the purposes of trust money, the trust, the trustee is bound, subject to any direction con­ tained in the instrument of trust, to invest the money in any of the following securities and in no others. (a) In bonds debentures, stock, promissory notes or other securities of the Government ot Palestine. (b) In a first mortgage of immovable property situated in Palestine; Provided that the value of the property exceeds by one- third, or if consisting wliolly or mainly of buildings, exceeds by one-half the amount of the mortgage. (c) In any security, other than immovable securities, authorised as a trustee investment by the Law of England for the time being. (d) In any other security expressly authorised by the instrument of trust or by any regulation which the High Com­ missioner in Executive Council may from time to time prescribe : •־:• !׳ .in that behalf Nothing in this Section shall apply to investments made before this Ordinance comes into force, or shall be deemed to preclude in any case in which the trust property does not exceed £E. 200, deposit thereof in a Bank. 9. Where the trustee commits a breach of trust he is Liability for liable to make good the loss which the trust property has kreacn of trust, sustained, provided always that the Court may, upon the application of the trustee, relieve the trustee of any liability for breach of trust if it. is of opinion that he has acted honestly 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 has made such breach. 10. Subject to the provisions of Sections 6 and 7 one Non—liability trustee is not, as such, liable for a breach of trust committed for co-trustee'^ by his co-trustee; default. em OFFICIAL GAZETTE. 1st. June,;. 1924: Provided that, in the absence of an express declaration to the contrary in the instrument of the trust, a trustee is so liable (a) where he has delivered trust property to his co-trustee without seeing to its proper application; or (b) where he allows his co-trustee to receive trust pro­ perly and fails to make due enquiry as to the co-trustee's dealings therewith, or allows him to retain it longer than the circumstances of the case reasonably require; or (c) where he becomes aware of a breach of trust com­ mitted or intended by his co-trustees and either actively conceals it, or does not within a reasonable time take proper steps to protect the charitable interest. A. co-trustee who joins in signing a receipt for trust pro­ perty, if lie proves, or if it otherwise appears that he has not received the same, is not answerable by reason of such signa­ ture only, for loss or misapplication of the property by his-• co-trustee. livery trustee may reimburse himself or pay or discharge .\׳ Right to reim­ I bursement of out of the trust property all expenses properly incurred in or expenses. about the execution of the trust, or the realisation, preservation ׳ .or benefit of the trust property Power to lease !1) .2) A. trustee shall not be entitled to sell or mort­ and sell. gage the whole or any part of immovable trust property save with the sanction of the Court or judge and subject to such con­ ditions as the Court or judge may direct. (2) Every lease made by a trustee shall be made to take effect in possession upon execution or within not more than three months thereafter, ft shall be made at the best rent which can reasonably be obtained. (3) Except with the permission of the Court or judge, no trustee shall lease any immovable trust property for a term of more than three years. (4) Any sale, mortgage, or lease effected otherwise than in conformity with this Section shall be void. Trustee cannot 13. A. trustee who has accepted a trust cannot afterwards renounce after renounce it save with the permission of the Court or judge. acceptance. Trustee cannot 14. A trustee cannot delegate his office or any of his -delegate. duties either to a co-trustee or to a stranger unless (a) the delegation is in the regular course of business; or (b) the delegation is permitted by the instrument of the trust ;or (c) the Court or judge so directs.
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