Official Trustee Act 1921 (WA)

OFFICIAL TRUSTEE.

12° GEO. V., No. VIII.

No. 8 of 1921.

AN ACT to provide for the appointment of an Official Trustee of money under the control of the Supreme Court, and of estates of insane and incapable persons, and for other relative purposes.

[Assented to 26th October, 1921.]

Council and Legislative Assembly of Western Australia, inBE it enacted by the King's Most Excellent Majesty, byand with the advice and consent of the Legislative

this present Parliament assembled, and by the authority of

the same, as follows:—

Short title.	1.	This Act may be cited as the Official Trustee Act, 1921.
Appointment of
Official Trustee.	2.

(1.) There shall be an Official Trustee, who, subject to the Public Service Act, 1904, shall be appointed by the Gov- ernor, and shall have and exercise such powers and execute and discharge such duties as may he vested in or imposed on him pursuant to the provisions hereinafter set forth.

1921.] Official Trustee. [No. 8.

(2.) The Official Trustee shall by that name be a corpor- ation sole, with perpetual succession and a common seal, and shall be capable in law of suing and being sued, and of hold- ing and disposing of real and personal property.

3. It shall be lawful for the judges or a majority of them	Powers of Official
Trustee.

to frame and enact Rules of Court for all or any of the pur-

poses following, that is to say:—

(i)    For the investment by the Official Trustee of any money under the control or subject to an order of the Supreme Court:

(ii)    For empowering the Official Trustee to undertake, under and subject to the Lunacy Act, 1903-20, the care, collection, protection, administration, and management of the property and estates of any insane persons:

(iii)    For vesting in the Official Trustee all or any of the powers of the Master under Division (2) of Part XI. of the Lunacy Act, 1903-20, except section one hundred and forty-six.

(iv)    For empowering the Official Trustee to exercise the powers of a committee of the estates of any insane or incapable persons, and to do and suffer such things with reference to such estates as he might do or suffer or might be ordered, authorised, or directed to do or suffer under the Lunacy Act, 1903-20, if such persons were duly declared insane and he were appointed committee of their respec- tive estates:

(v)    For vesting in the Official Trustee such powers of the Master under the Lunacy Act, 1903-20, as the judges or a majority of them shall think fit and shall deem not to be of a judicial character:

(vi)    For imposing on the Official Trustee such incidental

duties as may be deemed necessary.

4. Provision may be made in such Rules of Court for im- Power to define extent to which

posing or declaring any conditions, exceptions, or limitations

powers conferred are exclusive, find

on any of the powers thereby conferred, and for defining the

to impose

conditions :ma

extent to which the powers of the Official Trustee shall be ex-

limitations.

clusive of those vested in the Master under the said Act.

5. This Act shall be read as one with the Lunacy Act, Act to be read as one with Lunacy

1903-20, and in this Act, subject to the context, "insane per-

Act, M.20.

son" includes an insane patient, and "incapable person" in-

cludes any person deemed to be an incapable person.