Montserrat National Trust Ordinance, 1969 (No. 11 of 1969)

No, 11 ()f 1969 Momurrat Na4ionvl. Truae Ordinance, 1969. I ASSENT' D.R. GIBBS Administrator MONTSERRAT. 1st February, 197<.i MONTSERRAT NO. Ii OF 1969. AN ORDINANCE FOR INCORPORATING THE MoNTSEllll.lT NATIONAL TRUST IN THIS ISLAND YITH LIMITED LIABILITY. [1st February, 1970] WHEREAS Paul Kirwan Hollender, John Stanley Weekes, John Kingsley Howes, Rexingford Albert Freder ick, John Christopher Kelsick, and Delores Somerville, persons forming the Formation Committee or the Montser rat National Trust, a body interested in the preservation of places of historic and architectural interest or natural beauty, and having as its objects (a) to conserve and enhance the beauty o( Mont serrat; (b) to preserve and rehabilitate historical sites, including but not limited to buildings, monu ments, documents, chattels, etc.; (c) to preserve the fauna and flora of Montserrat; (d) making the public aware of the v a 1 u e and beauty of the Island's heritage; (e) the pursuance of a policy of preservation and acting in an e.dvisory capacity; (f) the acquisition of property for the benefit of the Island; (g) the attraction of funds by means of subscrip tions, donations, bequests and grants for the effective carrying out of the objects; (h) the compilation of a photographic and archi tectural record of the above; 26 eo-oo.-nt No. 11 of 1969 9,ort Title. Inoorporatlon of the Montserrat National Tru8t. Limited Liability, Dlallolml.on of the Tru ■ t. 2 /JI onta ""°' Nat ion.al Tr,sa, Ordinance, 1969. MONTSERRAT. have prayed that an Ordinance be passed incorporating the said Montserrat National Trust: AND WHEREAS it is deemed expedient to grant the prayer of the said petition: BE IT ENACTED by the Queen's Most Excellent Majesty, by and with the advice and consent of the Legis lative Council of Montserrat, and by the authority of the same as follows: 1. This Ordinance may be cited as the Montserrat Na tional Trust Ordinance, 1969. 2. The present and all. future members of the Mont serrat National Trust shall be and they are hereby declared and adjudged to be one body politic and corpo rate, by the name of the Montserrat National Trust, and by thatname shall have perpetual successions, and shall and may sue or be sued in all courts and before all magis trates, justices and others, in all manner of actions, suits, complaints, matters and causes whatsoever, and shail have and may use a common seal, and the same may vary and alter at their pleasure, and by the name afore said sh~ll be in law capable of holding all such estate real and personal, as hath been already acquired by them, and of having, talcing and holding forever hereafter. other estates real and personal, either by purchase, gift, devise or legacy for the use and benefit of the Montserrat Nation al Trust. 3. (1) The funds as well as the real estate and ef fects of the Montserrat National Trust, shall be a 1 one subject and liable to any charge and demand against the Montserrat National Trust, and no subscriber to the capital of the Trust shall be liablo fer, or charged with, the payment of any debt or demand due from the Trust, beyond the extent of the abovesaid funds, property, and effects of the Trust. (2) Should the Trust be dissolved or wound up all real estate, chattels, items of historic interest or other property of any kind whatsoever then in possession or control of the Trust shall pass· to and become vested in the Government of Montserrat in trust for the people of MontserraL 27 No. 11 or 1969 3 Monta""at National Truat Ot'dinano", 1969. 4 The Council of Montserrat National Trust shall have run power and authority to make and from time to time to change or repeal or vary as may seem proper rules and regulations, subject to the approval and rati Ci cation of the· general body of members at a general meet ing ca 11 e d for that purpose, for and concerning the objects of the Trusts, the nomination, election, suspen sion, removal and expulsion of members and officers, and the custody, management, collection and disposal of the funds, moneys, or estate belonging to the Montserrat National Trust, and for conducting and regulating the business affairs and concerns of the Montserrat National Trust, and relative to any other ma.tter or thing whatso ever which may in anywise concern the good Government of the Montserrat National Trust; provided always that such rules and regulations be not in anywise repugnant or contrary to the Laws of this Island, and that the same shall not in any manner affect any other p~rson or persons than those who are or may become members of the Mont serrat National Trust, and it shaH be lawful for the Council of the Montserrat National Trust to fix and -a.p point in all or any of such rules and regulations, aU or any reasonable and adequate fines, forfeitures and penal ties, for the non-observance, non-performance, or breach thereof, or for enforcing the due observance thereof. 5. A 11 fines, forfeitures, and penalties incurred by virtue of any rule or regulation made as aforesaid, and all sums becoming due to the Montserrat National Trnst, shall be sued for and recovered in a summary way before any Magistrate on the complaint of the secretary of the Montserrat National Trust, and every Magistrate is hereby authorised and required to take cognizance thereof ac cordingly, and all fines. forfeitures, and penalties when received·, or thP over-plus thereof after duducting neces sary charges, shall be paid into the J,s.ods of the secre tary of the Mont:"1°rrnt National Trust. 6. The Montserrat National Trust shall be exempt from (a) stamp duty with which under the provisions of the Stamp Act instruments drawn, rr:i:de or executed bv or on behalf of th\1 Montserrat ~ ational T;ust are chargeable; 28 MONTSERRAT. Power of the Mont.Krrat Na, Uonal Truat to make or vary rules and regulations. Recovery of rlnee, forfett uree and pen altleft. Exemption from ..tamp duty and feea. MONTSERRAT Cap, 2~7 Cap, 69, Saving right.,, of the Crown. 4- M ont,9errat National Trust Ordinance, 1969. No. 11 of 1969. (b) any fees pn.yable on instruments drawn, made or executed by or on behalf of the Montserrat National Trust upon which or in respect of which registration a recording fees are charge able under the prov i s ions of the Ti tie by Registration Act, the Registration and Records Act or any other law for the time being in force relating to the payment of registration or re•.;ording fees. 7. ~othing in this Ordinance declared or expressed shali affect the rights of Her Majesty, her heirs and suc cessors or any person except such as are m'3ntioned in this Ordinance and those claiming by, from or under them. D.R. GIBBS President. Passed the Legislative Council this 20th day of January , 1970. D. H. BRAMBLE Clerk of the Council. 29