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s 3

Validation of deed of trust

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3 Validation of deed of trust

(1)

The deed of trust shall subject to this Act be deemed to be lawful and valid for all purposes.

(2)

The persons named in the deed of trust as trustees and as a committee of management respectively shall be deemed to have been properly and validly appointed as such.

(3)

The registered proprietors of the land described in the First Schedule to the deed of trust shall do all things necessary to transfer that land and any furniture and effects mentioned in the deed of trust and held by or vested in them to the trustees under the deed of trust.

(4)

The land described in the First Schedule to the deed of trust together with all buildings and improvements thereon and the furniture and effects in or used for the purposes of the said buildings-

s. 3

(a)

shall be held by the said trustees upon the trusts expressed in the deed of trust free from all other trusts; and

(b)

shall be managed and controlled by a committee as provided in the deed of trust:

Provided that notwithstanding anything in the deed of trust-

(a)

the said land buildings and improvements including any extensions erected pursuant to section 5 shall not be or be capable of being sold or leased except to the Crown or the municipality in whose municipal district the land is situated or be or be capable of being made subject to any power of sale; and

(b)

no alteration or addition shall be made to the deed of trust which would have the effect of altering the trust expressed in clause 2 thereof.

(5)

The trusts evidenced by the deed of trust are hereby declared to be trusts which may be registered under Part II of the Religious Successory and Charitable Trusts Act 1958.

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