McMillan Memorial Library Act

269
ORDINANCE No. XXXIII of 1938
Assented to in His Majesty's name this thirtieth day of
November, 1938. R. BROOKE-POPHAM,
Governor. [30TH NOVEMBER, 1938.]
An Ordinance to Enlarge, Extend and Revise the
Objects and Scope of the Charitable Trust
known as the McMillan Memorial Library and
the Powers and Responsibilities of the Trustees
thereof; to make certain further amendments
and additions to the Constitution and Trusts of
the said Charitable Trust and to divers docu-
ments .subsidiary thereto; and to Consolidate
and Declare the Constitution and Trusts as so
Modified.

of
the said Charitable Trust and to divers docu-
ments .subsidiary thereto; and to Consolidate
and Declare the Constitution and Trusts as so
Modified.

30th November, 1938
WHEREAS by a Trust Deed dated the 30th day of June,
1931, and made between the then Commissioner for Local
Government for and on behalf of the Government of the
Colony and Protectorate of Kenya and Lady Lucie McMillan,
Commander of the Most Excellent Order of the British
Empire (therein called "the Appointors"), of the one part,
and the then Colonial Secretary and the then Director of
Education respectively of the Colony and Protectorate of
Kenya, the then Mayor of Nairobi, the late Lieutenant-
Colonel Marcuswell Maxwell of Nairobi, Arthur Alexander
Legat of Nairobi, and Lieutenant-Colonel Ralph Beresford
Turner, Companion of the Most Distinguished Order of Saint
Michael and Saint George, Companion of the Distinguished
Service Order (therein called "the Trustees") of the other part,
after reciting that an institution had been established under
the name of the "McMillan Memorial Library" for the estab-
lishment and development of a Reading and Reference
Library for the use of Europeans, and a Book Distributing
Library for the use of European libraries in the Colony and
Protectorate of Kenya, and that the Appointors aforesaid were
desirous of granting that piece and parcel of land situate in
Nairobi being Plot Number L.R.

ectorate of Kenya, and that the Appointors aforesaid were
desirous of granting that piece and parcel of land situate in
Nairobi being Plot Number L.R.

209 /1890 and comprising
0.560 of an acre or thereabouts together with the buildings
which had been erected thereon for the purposes of the said
Libraries, and that the Trustees aforesaid have been approved
Date of assent. Date of com-
mencement.

een erected thereon for the purposes of the said
Libraries, and that the Trustees aforesaid have been approved
Date of assent. Date of com-
mencement.

270
No. XXXIII McMillan Memorial Library 1938
Cap. 146.

270
No. XXXIII McMillan Memorial Library 1938
Cap. 146.

by the Governor of the Colony and Protectorate of Kenya
to be appointed and had consented to be so appointed for the
purpose of having vested in them the control and management
of the said libraries together with the land and buildings to
be granted as aforesaid and to provide for the future applica-
tion of all funds which might from time to time accrue to the
said libraries, it was witnessed that the Appointors aforesaid
on behalf of the McMillan Memorial Library thereby
appointed the Trustees aforesaid to be trustees of the said
libraries for the purpose of having vested in them the
McMillan Memorial Library and the Book Distributing
Library together with the buildings comprising the same and
the land upon which the said buildings had been erected and
all funds which might from time to time accrue to the said
libraries and all property whether moveable or immoveable
including all chattels, moneys and securities of or belonging
to the said libraries or which might thereafter be acquired by
or devolve upon the said libraries in any manner, upon the
trusts and with and subject to the powers and provisions
thereinafter respectively set forth;
AND WHEREAS, for the purposes of the said Trust
Deed, the Trustees aforesaid were duly registered under the
Land (Perpetual Succession) Ordinance as a body corporate
with the name of "The McMillan Memorial Library Regis-
tered Trustees", and a Certificate of such registration (herein-
after referred to as the Original Certificate) was duly granted
to the Trustees aforesaid by the Governor in Council on the
16th day of November, 1932, subject to the conditions and
directions therein contained;
AND WHEREAS, pursuant to the terms and intention
of the Trust Deed, the said piece and parcel of land known as
Plot Number L.R.

ons therein contained;
AND WHEREAS, pursuant to the terms and intention
of the Trust Deed, the said piece and parcel of land known as
Plot Number L.R.

209 /1890 was, by a Grant dated the 1st
day of July, 1933 (registered in the Registry of Titles at
Nairobi, as Number I.R. 3790 /1), duly granted to the said
McMillan Memorial Library Registered Trustees for a term
of 99 years from the 1st day of January, 1929, at the yearly
Tent and subject to the conditions therein respectively reserved
and contained, and the said respective Libraries have been
established and since maintained in accordance with the
trusts, powers and provisions of the Trust Deed;
AND WHEREAS it has now become expedient that the
objects and scope of the McMillan Memorial Library, as
declared by the Trust Deed, should be enlarged or extended

it has now become expedient that the
objects and scope of the McMillan Memorial Library, as
declared by the Trust Deed, should be enlarged or extended

271
J938 McMillan Memorial Library No. XXXVI
to include certain further activities and fields, and that certain
further and other powers should be conferred upon the said
McMillan Memorial Library Registered Trustees as trustees
thereof, and that certain further and other provisions should
be made with reference to the administration of the trusts
thereof and otherwise, and that for the better effecting of such
several purposes and for divers other good causes the consti-
tution and trusts of the McMillan Memorial Library, with all
necessary modifications, should be consolidated and declared
anew as hereinafter in this Ordinance set forth;
AND WHEREAS these purposes cannot be effected
without statutory authority;
AND WHEREAS the McMillan Memorial Library
Registered Trustees now consist of the said Lieutenant-
Colonel Ralph Beresford Turner, Edward Gilbert Morris,
Officer of the Most Excellent Order of the British Empire,
George Beresford Stooke, R.N.

enant-
Colonel Ralph Beresford Turner, Edward Gilbert Morris,
Officer of the Most Excellent Order of the British Empire,
George Beresford Stooke, R.N.

(Retired), Gwladys Lady
Delamere, and the said Arthur Alexander Legat, Officer of the
Most Excellent Order of the British Empire and they, as the
present trustees of the McMillan Memorial Library, have
expressed their approval of the purposes' and terms of this
Ordinance;
AND WHEREAS the Appointors aforesaid have each
expressed the like approval;
IT IS THEREFORE ENACTED by the Governor of
the Colony of Kenya, with the advice and consent of the
Legislative Council thereof, as follows : —
PART I
PRELIMINARY
1. This Ordinance may be cited as the McMillan Short title. Memorial Library Ordinance, 1938. 2. In this Ordinance, unless the context otherwise Interpretation. requires—
"East Africa" means the Colony and Protectorate of
Kenya, the Uganda Protectorate, the Tanganyika Territory,
and the Zanzibar Protectorate;
"McMillan Memorial Library" means the charitable
trust originally the subject of the Trust Deed, the constitution
and trusts whereof are hereby modified, consolidated and pre-
scribed;

the charitable
trust originally the subject of the Trust Deed, the constitution
and trusts whereof are hereby modified, consolidated and pre-
scribed;

272
No. XXXIII McMillan Memorial Library 1938
Cancellation
of Trust Deed. Supplementary
modifications. Cap. 146. "Trust Deed" means the trust deed dated the 30th day
of June, 1931, and more particularly described in the first
recital of the preamble to this Ordinance;
"Trustees" means The McMillan Memorial Library
Registered Trustees, and includes the said Lieutenant-Colonel
Ralph Beresford Turner, Edward Gilbert Morris, George
Beresford Stooke, Gwladys Lady Delamere, and Arthur
Alexander Legat or other the trustees or trustee for the time
being of the McMillan Memorial Library appointed pursuant
to section 20 of this Ordinance;
"Trust Fund" means all the property, moveable or
immoveable, from time to time vested in or held by the
Trustees, or any other persons or person under their direction,
for the purposes of the McMillan Memorial Library, whether
before or after the passing of this Ordinance, and whether by
or pursuant to the Trust Deed or otherwise. PART II
CANCELLATION OF TRUST DEED AND DECLARATION OF NEW
CONSTITUTION AND TRUSTS
3.

nance, and whether by
or pursuant to the Trust Deed or otherwise. PART II
CANCELLATION OF TRUST DEED AND DECLARATION OF NEW
CONSTITUTION AND TRUSTS
3.

The Trust Deed and all the Trusts, powers and pro-
visions therein declared or contained shall be and are hereby
extinguished and declared null and void and of none effect,
without prejudice to any act or thing lawfully done, right
accrued, or liability incurred thereunder before the commence-
ment of this Ordinance. 4. (1) The constitution of the McMillan Memorial
Registered Trustees, and the conditions and directions con-
tained in the Certificate of Registration granted to them by
the Governor in Council under the provisions of the Land
(Perpetual Succession) Ordinance on the 16th day of Novem-
ber, 1932, shall be deemed to have been modified, if and so
far as is necessary to render the same consistent with the pro-
visions of this Ordinance; and the Governor in Council may
grant such further Certificate of Registration, if any, either
by way of modification of the Certificate granted as aforesaid
or in substitution therefor, as may be deemed appropriate
to give effect to the provisions of this sub-section. (2) The conditions contained in the Grant in favour of
the Trustees dated the 1st day of July, 1933, and registered
in the Registry of Titles at Nairobi as Number I.R.

s contained in the Grant in favour of
the Trustees dated the 1st day of July, 1933, and registered
in the Registry of Titles at Nairobi as Number I.R.

3790 /1
shall also be deemed to have been modified, if and so far as
is necessary to render the same consistent with the provisions
of this Ordinance.

3790 /1
shall also be deemed to have been modified, if and so far as
is necessary to render the same consistent with the provisions
of this Ordinance.

273
1938 McMillan Memorial Library No. XXXIII:
5. The constitution and trusts of the McMillan Declaration of
new Constitution
Memorial Library shall be as hereinafter prescribed. and Trusts. PART III
NEW CONSTITUTION AND TRUSTS
6. The objects and scope of the McMillan Memorial Objects and
Library shall include the following :— scope of the
Trust.

I
NEW CONSTITUTION AND TRUSTS
6. The objects and scope of the McMillan Memorial Objects and
Library shall include the following :— scope of the
Trust.

(a) the establishment, maintenance and development at
Nairobi of a Reference Library, a Reading Room,
and a Lending Library, for the use of Europeans
only;
(b) the establishment, maintenance and development of
a Circulating Library service with headquarters at
Nairobi, for the circulation of books to approved
co-operative or subsidiary libraries for the use of
Europeans only in any part or parts of East Africa,
to be known as "the East African (Carnegie)
Circulating Library";
(c) the organization, promotion, and encouragement of
public lectures, cinematograph performances, educa-
tional classes, and other courses or methods of
education or instruction of every kind, and on any
subject whether of general or of particular or
technical interest or value, for Europeans only in
any part or parts of East Africa;
(d) the establishment, maintenance, development, promo-
tion and / or encouragement in any part or parts of
East Africa of other libraries, institutions or societies,.

ment, maintenance, development, promo-
tion and / or encouragement in any part or parts of
East Africa of other libraries, institutions or societies,.

whether subsidiary or independent, for all or any
of the foregoing purposes; and
(e) co-operation with, or contribution to, any other-
libraries, institutions, societies, corporations, trusts
or funds, upon such terms and conditions as the
Trustees may, in their sole discretion, from time to
time, think fit, for all or any of the foregoing
purposes :
Provided that the activities referred to in paragraph (a)'
of this section shall constitute the primary objects of the
McMillan Memorial Library, and nothing in this Ordinance. contained shall be construed as requiring the Trustees to
extend the activities of the McMillan Memorial Library
beyond the scope of that paragraph except so far as they may,
in their discretion, consider that the resources of the Trust
Fund and other circumstances permit; provided further that

ph except so far as they may,
in their discretion, consider that the resources of the Trust
Fund and other circumstances permit; provided further that

274'. NO. XXXIII McMillan Memorial Library I 93g
Trusts of the
Trust Fund. Trustees to have
control of Trust
Fund and all
. specific assets
comprised
therein. Power to
purchase and
sell books, etc. the several activities of the McMillan. Memorial Library for
the time being may be combined, kept separate,„ or made co-
operative to such extent and in such manner as the Trustees
may, in their sole discretion, for the time, being consider
desirable. 7. The Trustees shall hold the Trust Fund upon trust,
subject and without prejudice to the powers, discretions and
provisions conferred by or contained in this Ordinance, to
use, apply or appropriate the same for the. purposes of the. McMillan Memorial Library. 8.

provisions conferred by or contained in this Ordinance, to
use, apply or appropriate the same for the. purposes of the. McMillan Memorial Library. 8.

(1) The Trustees shall have the absolute management
and entire control of the Trust Fund, including all libraries,
buildings and other specific assets of whatsoever nature or
kind from time to time forming part thereof, and may, subject
to the provisions of section 17 of this Ordinance, make, rescind
and alter such regulations (not being inconsistent with the
provisions of this Ordinance) as they may think fit, with res-
pect to the purposes for which, the manner in which, the
persons by whom, the terms and conditions on which and
the times when any such specific assets or any other part
or parts of the Trust Fund shall be used, applied or appropri-
ated, and otherwise as the Trustees shall think necessary for
the purposes prescribed in section 6 of this Ordinance or in
connexion with the execution of any of the trusts or powers
contained in or conferred by this Ordinance..

scribed in section 6 of this Ordinance or in
connexion with the execution of any of the trusts or powers
contained in or conferred by this Ordinance..

(2) The Trustees may at any time (notwithstanding any-
thing to the contrary contained in this Ordinance) impose a
charge for the admission to, or for the use of, any buildings
or libraries, or for the use of books or other assets, from time
to time comprised in the Trust Fund on all or any persons
entering or using the same respectively. 9. The Trustees may pay or apply any part of the Trust
Fund, not specifically granted, donated or set apart for some
other special purpose, for the purchase, printing or publication
of such books, pamphlets, manuscripts, reports, pictures, maps
and other documents, and such furniture and effects, as to
them may seem expedient from time to time, and may also
at any time sell, or otherwise dispose of, any moveable assets
of whatsoever nature or kind (except articles specifically
granted or donated for any special purpose which precludes
such sale) from time to time forming part of the Trust Fund. All moneys arising from any such sale or disposition shall
fall into and form part of the Trust Fund.

rom time to time forming part of the Trust Fund. All moneys arising from any such sale or disposition shall
fall into and form part of the Trust Fund.

275
1938 McMillan Memorial Library No. XXXII! 10. The Trustees may at any time, as to them may seem
expedient, apply any part of the Trust Fund (not specifically
granted, donated or set apart for some other special purpose)
in acquiring, by purchase or on lease or otherwise, any free-
hold or leasehold lands for all or any of the purposes herein-
•before declared, or in erecting, or pulling down or rebuilding,
or enlarging, improving or altering at any time, and from
time to time any buildings on such lands or otherwise for the
time being forming part of the Trust Fund, and in furnishing
or equipping the same or any part or parts thereof, as the
Trustee may think desirable for the purposes aforesaid, and
may, from time to time, set apart any part or parts of the
Trust Fund and accumulate such part or parts by investing
the same and the resulting income thereof in the names of
the Trustees (or in the names of such other persons as they
shall from time to time direct) in any investments by this
Ordinance authorized, as a building fund, with a view to
applying such fund as and when the Trustees shall think fit
for the purposes aforesaid or any of them.

authorized, as a building fund, with a view to
applying such fund as and when the Trustees shall think fit
for the purposes aforesaid or any of them.

Acquisition of
lands, and
erection and
alteration of
buildings. Vesting of lands.11. Any lands acquired under the last preceding section
shall be conveyed or demised to, or otherwise vested in, the
Trustees or such other persons as the Trustees shall from time
to time direct. 12. The Trustees shall be at liberty at any time to sell, Power to sell
transfer or exchange any lands acquired under the provisions lands. of section 10 of this Ordinance or any other lands which may
for the time being form part of the Trust Fund (excepting
only the said piece or parcel of land known as Plot Number
L.R.

or any other lands which may
for the time being form part of the Trust Fund (excepting
only the said piece or parcel of land known as Plot Number
L.R.

209/1890 and any other lands specifically granted or
donated for any special purpose which precludes sale) with
power, in the case of sale, to buy in and resell the same
without being responsible for any loss that may thereby be
incurred; and, in the case of any such sale, transfer or ex-
change all persons in whom the lands sold, transferred or
exchanged may be vested shall execute and do all such deeds
and acts for the purpose of carrying such sale, transfer or
exchange into effect as the Trustees may direct; and all moneys
arising from any such sale, transfer or exchange shall fall into
and form part of the Trust Fund accordingly. 13. The Trustees may at any time permit any part of
any buildings for the time being forming part of the Trust
Fund (including any premises acquired undei the prOvisions
of section 10 of this Ordinance) to be used, either gratuitously
Use of premises
for meetings.

d (including any premises acquired undei the prOvisions
of section 10 of this Ordinance) to be used, either gratuitously
Use of premises
for meetings.

276
No. XXXIII McMillan Memorial Library 1938
or otherwise, for lectures, classes, meetings, or otherwise, pro-
vided that such use shall not be inconsistent or interfere with
the carrying out of the primary objects specified in section
6 of this Ordinance. 14. The Trustees may at any time let, or demise in
such manner and on such terms as to them may seem
expedient, any part of any premises for the time being form-
ing part of the Trust Fund (including any premises acquired
under the provisions of section 10 of this Ordinance but
excepting the said piece and parcel of land known as Plot
Number L.R. 209 /1890 and any other lands specifically
granted or donated for any special purpose which includes
letting) which may not be immediately required for any of
the purposes hereinbefore prescribed. 15. The Trustees may at any time appoint, upon such
terms as they may determine, a Librarian, a Secretary, and
a Treasurer, together with such other officials and servants
as the Trustees may deem expedient, for all or any of the
several purposes hereinbefore prescribed, and may at any
time remove any such official or servant. 16.

stees may deem expedient, for all or any of the
several purposes hereinbefore prescribed, and may at any
time remove any such official or servant. 16.

The Trustees may, subject to the provisions of
section 17 of this Ordinance, pay out of the income or capital
of the Trust Fund all rents, rates, taxes, assessments, costs of
insurance, repairs and other outgoings at any time payable
in respect of any premises from time to time forming part of
the Trust Fund (including any premises acquired under the
provisions of section 10 of this Ordinance), whether moveable
or immoveable, and all expenses of any sale effected pursuant
to section 12 of this Ordinance, and may also pay out of such
income or capital (subject as aforesaid) the salaries and wages
of all officials and servants, and all other expenses of and
incidental to any of the purposes hereinbefore prescribed, or
to the exercise of any of the powers hereby conferred upon
the Trustees. 17.

nses of and
incidental to any of the purposes hereinbefore prescribed, or
to the exercise of any of the powers hereby conferred upon
the Trustees. 17.

The Trustees may from time to time, at their dis-
cretion, set apart as an endowment fund such part or parts
(if any) of the Trust Fund as may in their judgment be so
set apart safely and without prejudice to the due execution of
any of the trusts or powers herein contained, and all sums
constituting the endowment fund shall be invested by the
Trustees in their names, or in the names of such other persons
as they shall from time to time direct, in any investments by
Leasing powers. Appointment of
officers and
servants. Outgoings,
insurance, etc. Creation of
endowment.

rom time to time direct, in any investments by
Leasing powers. Appointment of
officers and
servants. Outgoings,
insurance, etc. Creation of
endowment.

277
1938 McMillan Memorial Library No. XXX11'
this Ordinance authorized, with power at any time to vary
any of such investments; and the endowment fund and all
investments at any time representing the same shall be held
upon trust that the income thereof shall be applied in per-
petuity in like manner and for the like purposes as and for
which the Trust Fund may be applied under the provisions
of this Ordinance. 18. The Trustees may at any time appoint or make pro- Power to
vision for the appointment of any persons (including all or constitute
governors,
any of the Trustees) as governors or a management commit- management
tee or otherwise, for the purpose of discharging such functions committee,
or separate
in connexion with the management of the Trust Fund or of trustee.

e or otherwise, for the purpose of discharging such functions committee,
or separate
in connexion with the management of the Trust Fund or of trustee.

any specific assets or asset for the time being forming part
thereof, or otherwise in relation to the execution of any of
the trusts or powers contained in or vonferred by this Ordin-
ance, in such manner and subject to such regulations as the
Trustees may prescribe, and may at any time appoint or pro-
vide, for the appointment of separate trustees to hold any
lands acquired, or any building fund or endowment fund
established under the provisions of this Ordinance, or any
other properties, investments or funds for the time being
forming part of the Trust Fund, in such manner and subject
to such regulations as the Trustees may from time to time
think fit, and may confer upon any governors, management
committee or separate trustees as aforesaid any special
privileges in connexion with any specific assets or asset for
the time being forming part of the Trust Fund. The Trustees
may delegate to one or more of themselves, or to any body
of governors or management committee or separate trustees
as aforesaid, any of the trusts or powers vested in or exercis-
able by the Trustees under or by virtue of this Ordinance. 19.

ee or separate trustees
as aforesaid, any of the trusts or powers vested in or exercis-
able by the Trustees under or by virtue of this Ordinance. 19.

The Trustees may from time to time open and
maintain in Their corporate name, or in the names of any such
separate trustees as aforesaid, a banking account or banking
accounts at such bank or banks as they shall from time to
time determine, and may at any time pay or cause to be paid
any moneys forming part of the Trust Fund (including any
building fund or endowment fund established under the pro-
visions of this Ordinance) to the credit of any such account
or accounts, or place or cause to be placed the same on deposit
with any banker or bankers; and any moneys at any time
forming part of the Trust Fund (whether forming part of a
building fund or endowment fund or otherwise) and requiring
Banking
accounts and
investments.

orming part of the Trust Fund (whether forming part of a
building fund or endowment fund or otherwise) and requiring
Banking
accounts and
investments.

278
No. XXX111 McMillan Memorial Library 1938
investment may be invested at the discretion of the Trustees
in any of the investments for the time being permitted by law
for the investment of trust funds, with power for the Trustees
at their discretion from time to time to vary any such invest-
ment for any other of a like nature. Appointment of
new Trustees. 20.

for the Trustees
at their discretion from time to time to vary any such invest-
ment for any other of a like nature. Appointment of
new Trustees. 20.

(1) The Trustees shall at all times, subject only to
temporary vacancies occasioned by death, be six in number
and shall consist of : —
(a) two persons of pure European descent appointed by
the Governor in Council;
(b) one person of pure European descent appointed by
resolution of the Municipal Council of Nairobi;
(c) the said Lieutenant-Colonel Ralph Beresford Turner,
or some other person of pure European descent
appointed by writing under the hands of any three
of the other five Trustees;
(d) two persons of pure European descent appointed
either : —
(i) by writing under the hand of the senior of such
of the children or remoter issue (if any) of the
late Lieutenant-Colonel Marcuswell Maxwell as
are for the time being of the age of majority and
of sound mind and resident in East Africa,
males ranking as senior to females for the pur-
pose of this provision; or, in default of any such
children or remoter issue,
(ii) by writing under the hand of Lady Lucie McMil-
lan, being of sound mind and resident in East
Africa, or failing her, by writing under the hand
of Margaret Dorothy Marcuswell Maxwell,
widow of the late Lieutenant-Colonel Marcuswell
Maxwell, being of sound mind and resident in
East Africa, or, failing her, by writing under the
hand of the senior wife, widow, husband or
widower, being of sound mind and resident in
East Africa, of any child or remoter issue of the
late Lieutenant-Colonel Marcuswell Maxwell
(for which purpose seniority shall be deter-
mined according to that of the husband or wife,
living or deceased, whom such wife, widow,
husband or widower as aforesaid represents); or
in default of any such persons as aforesaid,

sband or wife,
living or deceased, whom such wife, widow,
husband or widower as aforesaid represents); or
in default of any such persons as aforesaid,

279
1938 McMillan Memorial Library No. XXXI•I I
(iii) by writing under the hand of Mrs. Lucie
McMillan Johnston of Kitale in the Colony of
Kenya, or, after her death, by writing under
the hand of the senior of her children or remoter
issue, failing whom, by writing under the hand
of the widower of the said Mrs. Lucie McMillan
Johnston, or, failing him, by writing under the
hand of the senior wife, widow, husband or
widower of such children or remoter issue of
hers, with the like provisions as to seniority
and other qualifications in all respects, mutatis
mutandis, as are hereinbef ore contained in para-
graphs (i) and (ii); or, if and so often as there
shall be no such person as aforesaid available,
then
(iv) by writing under the hands of any three of the
other four Trustees;
but so that the children or remoter issue of the late
Lieutenant-Colonel Marcuswell Maxwell or any
other person competent to appoint as provided by
paragraphs (ii), or (iii) shall be entitled to appoint
himself or herself as a Trustee.

axwell or any
other person competent to appoint as provided by
paragraphs (ii), or (iii) shall be entitled to appoint
himself or herself as a Trustee.

(2) Every and any appointment from time to time made
as aforesaid, including all appointments having effect at the
commencement of this Ordinance, may from time to time,
and at any time, be revoked in the like manner and form as
that prescribed for such appointment, without previous notice,
by the person or persons in whom respectively, under the
provisions of this section, the power of such appointment is
vested, upon a new and valid appointment being made by
such person or persons respectively: Provided that the
appointment of the said Lieutenant-Colonel Ralph Beresford
Turner shall only be revoked if, at the time of revocation—
(a) he has given his written consent thereunto; or
(b) he has become unable or unwilling to act; or
(c) he is absent from East Africa, and has been so absent
for an immediately preceding consecutive period of
more than six calendar months.

to act; or
(c) he is absent from East Africa, and has been so absent
for an immediately preceding consecutive period of
more than six calendar months.

280
No. XXXIII McMillan Memorial Library 1938
Powers of
majority to act,
and of
individuals to
appoint
alternates. No. 28 of 1929. No. 28 of 1929. Power to vary
Constitution
and Trusts. Power to
transfer Trust
Fund or part
thereof. 21. (1) All or any of the trusts and powers vested in or
exercisable by the Trustees under or by virtue of the fore-
going provisions of this Ordinance shall, without prejudice to
the special provisions of the last preceding section enabling
three to act, be capable of being performed by any four of
them, and any action or decision of any four of the Trustees
for the time being shall be as valid as it would have been if
done or made by six Trustees : Provided that if and so often
as there are less than four Trustees in East Africa then the
said trusts and powers shall nevertheless be capable of being
performed by all Trustees not being less than two, who are for
the time being in East Africa, and any act or decision of theirs
shall be as valid as it would have been if done or made by
six Trustees. (2) Notwithstanding anything to the contrary contained
in the Trustee Ordinance, 1929, no individual Trustee other
than the said.

ade by
six Trustees. (2) Notwithstanding anything to the contrary contained
in the Trustee Ordinance, 1929, no individual Trustee other
than the said.

Lieutenant-Colonel Ralph Beresford Turner shall
have any power in any circumstances to appoint any attorney,
alternate, or substitute to act in his place :
Provided that nothing in this sub-section shall derogate
from or otherwise affect any power of delegation conferred
upon the Trustees generally by section 18 of this Ordinance,
or any power of the said Lieutenant-Colonel Ralph Beresford
Turner to do or make any formal act -or deed by the agency
of a duly constituted attorney under or by virtue of the said
Trustee Ordinance, 1929, or any other law for .the time being
in force in the Colony. PART IV
FUTURE MODIFICATIONS
22. Notwithstanding anything to the contrary contained
in this Ordinance, all or any of the trusts, powers and pro-
visions hereinbefore contained may at any time or times here-
after, by a declaratory deed under the hands and seals of
any five of the Trustees and under the hand of the Governor
and the seal of the Colony, be altered, modified or extended
in such manner and to such extent as the Trustees may think
fit and the Governor in Council may approve. 23.

Colony, be altered, modified or extended
in such manner and to such extent as the Trustees may think
fit and the Governor in Council may approve. 23.

(1) In addition to the powers conferred by the last
preceding section and any other powers hereinbefore con-
tained, and without prejudice to the generality of such res-
pective powers, the Trustees acting unanimously, or any five

her powers hereinbefore con-
tained, and without prejudice to the generality of such res-
pective powers, the Trustees acting unanimously, or any five

281
1938 McMillan Memorial Library No. XXXI I I
of them, may at any time or times, with the consent of the
Governor in Council duly recorded under the hand of the
Governor and the public seal of the Colony, transfer the
whole or any part or parts of the Trust Fund to any munici-
pality or other local authority or to any separate body of
trustees, upon the terms either that the transferee or trans-
ferees shall thenceforth become a trustee or trustees of the
premises so transferred for the purposes of and with and sub-
ject to the powers and provisions declared by this Ordinance
in the place of the Trustees, or else that the premises so trans-
ferred shall thenceforth be excluded entirely from the
McMillan Memorial Library and from the operation of this
Ordinance, and upon such further or other terms as may be
thought fit : Provided that neither the said piece and parcel of
land known as Plot Number L.R.

inance, and upon such further or other terms as may be
thought fit : Provided that neither the said piece and parcel of
land known as Plot Number L.R.

209 / 1890 nor any building
thereon, nor any part thereof respectively, shall be transferred
to any person other than the Municipal Council of Nairobi,
and then only upon condition that the same shall continue at
all times thereafter to be known and designated by the name
of the "McMillan Memorial Library". (2) In the event of any such transfer as aforesaid, the
'trustees shall thereupon, unless the terms of such transfer
otherwise provide, be released and discharged from all future
responsibility or liability under this Ordinance in respect of
the premises so transferred. PART V
MISCELLANEOUS
24. All appointments made, liabilities incurred, and
other acts and things done or suffered by the Trustees prior
to the commencement of this Ordinance, which would have
been valid and effectual if so made, incurred, done or suffered
after the commencement of this Ordinance, shall be valid
and take effect in all respects as if the same had been so made,
incurred, done or suffered under or by virtue of this Ordin-
ance. 25.

shall be valid
and take effect in all respects as if the same had been so made,
incurred, done or suffered under or by virtue of this Ordin-
ance. 25.

All powers, discretions, authorities, responsibilities,
and liabilities conferred or imposed upon the Trustees by any
other law for the time being in force shall apply to the
Trustees, except so far as expressly or impliedly modified or
excluded by the terms of this Ordinance. Retrospective
effect as regards
prior acts and
liabilities. Saving of
powers, etc.,
conferred on
trustees by
other laws.

282
No. XXXIII McMillan Memorial Library 1938
Costs.
Saving of rights
of the Crown,
bodies corporate
and other
persons.
26. The costs, charges and expenses preliminary to
and of and incidental to the preparation and enactment of this
Ordinance, shall be paid by the Trustees out of the Trust
Fund.
27. Nothing in this Ordinance contained shall in any-
wise prejudice or affect any rights of His Majesty the King,
His Heirs and Successors, in any respect other than in His
vicarious capacity as one of the Appointors mentioned in the
preamble to this Ordinance, or of any body or bodies (politic
or) corporate or other person or persons excepting only such
as are mentioned herein and those claiming by, from or under
them.