Public Curator Act of 1915 (6 Geo v No. 14) (Qld)

7056 TRUSTEES AND EXECUTORS. Trustees and Executors Act Amendment Act. 6 GEO. V. No. 11, 1915. TRUSTEES AND EXECUTORS. Trustees and Executors Act Amendment Act of 1915 6 Geo. V. No. 11 Public Ourator Act of 1915 .• ,. 6 Geo. V. No. 14 6 N G o eo .H . V . . An Act to Authorise Trustees to Invest Trust Funds THE in ,any Commonwealth Loan. TRUSTEES AND [ASSENTED TO 15TH NOVEMBER, 1915.J BE EXECUTORS AME~ ~ : ENT it enacted by the King's Most Excellent Majesty, ACT OF 1915. by and with the advice and consent of the Legis- lative Oouncil and Legislative Assembly of Queensland in Parliament assembled, and by the authority of the same, as follows:- Short title. 1. This Act may be cited as "The Trustees and Executors Act Amendment Act of 1915," and shall be read as one with "The Trustees and Executors Act of 1897,"* herein referred to as the Principal Act. Arend~ ent 2. In paragraph (d) of section four of the Principal ~ 0~ ~ O; ~ ~ · 4. Act, before the words" any of," the words" the Common- wealth of Australia or of" are inserted. . In paragraph (e) of the said section, before the words "any of," the words" the Oommonwealth of Australia or of" are inserted. 6 Geo. V An Act to Constitute a Public Curator, and to No. 14. THE PUBLIC Prescribe his Powers and .Duties, and for CURATOR ACT OF 1915. purposes consequent thereori or incidental thereto. [ASSENTED TO 13TH DECEMBER, 1915.J B E it enacted by the King's Most Excellent Majesty, by and with the advice and consent of the Legis- lative Oouncil and Leg~ slative Assembly of Queensland in Parliament assembled, and by the authority of the same, as follows :- PABTI.- PRELIMINARY. PART I.-PRELIMINARY. Short title 1. This Act may be cited as the "The PUblic OuratO'1 a co n m d mence- Act of 1915," and shall come into operation on the first ment. day of January, one thousand nine hundred and sixteen. * 61 Vie. No. 10, 8upra, page 3507.

TRUS'I.'EES AND EXECUTORS. ss. 2, 3. 7057 .6 GEO. V. No. 14,1915. Public Ourator Act. 2. This Act is divided into Parts as follows:- PART I.-PRELIMINARY; Division of Act. PART H.-THE·PUBLIC CURATOR AND HIS OFFICE; PART IH.-TRUSTS AND ESTATES GENERALLY; PART IV.-ADMINISTRATION OF CONVICTS' PRo- PERTY; PART V.-UNCLAIMED PROPERTY: DIVISION I.-LAND; DIVISION 2.-0THER PROPERTY; DIVISION 3.-MONEY; PART VI.-GENERAL. 3. (1.) The Acts mentioned in the Schedule to this Amendment, Act are repealed or amended to the extent and in the ! ~ a~ manner therein set forth: enactments. P roVl' ded t h at, W.Ith out 1 Im ·· lt . mg the operatI.On 0 fNN.So..W19. , 1 s 9 . 133. , " The Acts Shortening Acts"*- Schedule. (i.) Such repeal shall not affect the validity of any act or thing lawfully performed or done, or the liability of any person to pay any fees or expenses lawfully payable pursuant to any such repealed enactment, but such acts or things shall be deemed to have been performed and done by, and such fees and expenses to be payable to, the public curator under this Act; (ii.) The public curator shall by virtue of his office be deemed to be curator of intestate estates for the purpose of any estate to which the "Ourator of Intestate Estates Act of 1867 "tnow applies, and to have been so appointed under and for the purposes of that Act; (iii.) In the case of any insolvency under any Act prior to "The Insolvency Act of 1874,"t the • affairs of which have not yet been fullyad- ministered, the whole of such unadministered estate, and every power, right, title, privilege, and remedy vested in or competent to any assignee by virtue of his appointment under such Act, shall, without any conveyance or assignment, become vested in the public * 31 Vic. No. 6 and 3 Edw. VII. No. 10, supra, pages 15 et seg. t 31 Vic. No. 10, repealed. See Historical Table, Index Volume. ~ 38 Vic. No. 5, supra, page 1041.

7058 PART J.- PRELIMINARY. s.4. TRUSTEES A~ D EXECUTORS. Public Curator Act. 6 GEO. V. No. 14, curator, who is hereby authorised exclusively. to do all such acts and things with respect to .such insolvency as fully.and effectually as if the same were an insolvency under" The Insol- vency Act of 1874."* And the trustee of such estate shall forward returns of all moneys received and disbursed by him since a date to be fixed by the public ·curator, and shall pay over any balance remaining from such moneys to the public curator: Provided that nothing herein shall impose any liability on the public curator for any wrongful act or omission of such trustee, or relieve such trustee from any personal liability therefor; and the liability, if any, of the public curator under this Act shall be limited to the value of the property which has devolved upon him as aforesaid. Interprets- 4. In this Act, unless the context otherwise indicates, !it{ric. the fol~ owing term.s have the meanings set against them No. 24, s. 1. respectIvely, that IS to say:- N.Z. 1908, • No. 159, s. 2. Convict. NNo. Z. . 114990,s8. , 52. " Convict "-Any person who upon a charge ofa capital offence has been sentenced to death, or any person who after conviction of' any indictable offence is undergoing a sentence of imprisonment for a term of three years or upwards with or without hard labour; Estate. "Estate" or "estates"-Any property under administration or held, nianaged, or controlled by the public curator in any capacity what- soever; Expenses. "Expenses" includes costs and charges; Minister. "Minister"-The Attorney - General or other Minister of the Crown charged for the time • being with the administration of this Act; Order to administer. "Order to administer"-An order granted by the court to the public curator to administer the estate of a deceased person, whether general or special or limited in any way, and whenso- ever or wheresoever such person may have died ; * 38 Vie. No. 5, 8upra, page 1041.

1915. TRUSTEES AND EXECUTORS. Public Cttrator Act. s. 5. 7059 PART 1.- PRELIMINARY. " Property" .includes both real and personal Properly. property of every description or kind whatso- ever; " Public Curator"-The public curator of Queens- Public land constituted by this Act; curator. " Regulations" -Regulations made under the Regulations. authority of this Act; " Rules" -Rules of the Court made under the Rules. authority of this Act; "Supreme Court" or "Court "-The Supreme Supreme Court of Queensland or a Judge thereof ; g~ : : . or "This Act "-This Act and all rules, regulations, This Act. and Orders in Council made thereunder; " Trust" does not include the duties incident to an Trust. estate mortgaged; but, with this exception; "trqst" and "trustee" include implied and constructive trusts, and include cases where the trustee has some beneficial estate or interest in the·subject. of the trust, and include also the Crown or any public officer, or an executor or administrator, and the duties incident to the office of personal representative of a deceased person; " Trust instrument" includes a will, settlement, orTrust other instrument creating a trust, whether instrument. the same was made, or came or is to come into operation, or took or is to take effect, before or after the commencement of this Act; "Trust property" includes all property in the Trust possession or under the control, wholly or property. partly, of the public curator, or to which he is entitled by virtue of any trust. "Will" includes a codicil. Will. 5 (1.) Save as by this Act is otherwise expressly Application provided, the provisions of this Act relating to trusts~ ! . ! ~ to and trust instruments apply to those in existence at the . commencement of this Act as well as to those hereafter created. (2.) The powers and discretions of the public curator Saving. under any of the provisions of this Act shall be in addi- tion to and not in restriction of any powers or discretions vested in him in his capacity as a trustee under any other Act.

7000 PARTII.- THEPUBLIO CURATOR AND HIS OFFICE. s.6. TRUSTEES AND EXECuTORS. Public Curator Act. 6 GEO. V. No. 14; PART n.-THE PUBLIC CURATOR AND HIS. OFFICE. Appoint- 6. (1.) The Governor in Council may from time to cPmulelrbnaltitco o r f I - Iond atinmdeaanpopfofiicnetratno obfeficcearllteodb"etchaelldeedp" uttyhepupbulbilciccucurarattoorr" ," deputies. The office of the pultlic curator shall be at Brisbane. Local deputies. (2.) The Governor in Council may establish at Rockhampton, within the Central District as defined by "The Central and N orthern Di8~ricts Boundaries Act of 1900,"* and at Townsville, within the Northern District as defined by the said Act, branches of the public curator's office, and may from time to time appoint a local deputy public curator or local deputy public curators for each such district. (3.) The public curator shall, by and through himself and his deputies and, agents, exercise and perform his powers and duties for the whole of the State. (4.) Every aeputy of the public curator shall exercise his office under the general control, supervision, and direction of the public curator. English Rules, 33. The public curator may authorise any of his deputies to exercise and perform (either generally or in relation to any particular case and subject to such con- ditions and restrictions, if any, as he may impose) all or any of the powers and duties of the public curator under this Act except the power or duty of determining whether a trust or estate shall be administered from his office or from a branch office. Any such authority: conditions, or restrictions may at any time be withdrawn or varied by the public curator. (5.) Subject as aforesaid- (a) Whenever under or pursuant to this or any other Act, or any rule, regulation, or docu" ment, anything may be done or is appointed to be done by or any reference is made to the public curator, the same may be lawfully done by or the reference shall be deemed to extend to the deputy public curator; {b) Every local deputy public curator may, in relation to the district for which he is appointed, perform all the duties and functions and exercise all the powers and authorities * 64 Vie. No. 2, supra, page 128.

TRUSTEES AND EXECUTORS. s.7. 7061 1915. PARTII.- Public Curator Act. TliIEPUBLIO CURATOR ANURIS OFFICII:. which are by this Act or by any other Act, rule, regulation, or document imposed and conferred upon and vested in the public curator; a.nd while so' acting his deputy shall have the same powBrs, duties, and liabilities, and be entitled to the same immunities, as the public curator. (6.) No person shall be concerned to see or inquire. whether- (a) Any acts, dealings, or transactions by or with' the public curator or any of his deputies, officers, or agents are or are not within his powers; or (b) Any occasion has arisen requiring or authorising his deputy to act, or as to his authority, or as to the necessity for or propriety of his appointment; and all acts or things done or omitted by his deputy shall be as valid and effectual and shall have the same consequences as if the same had been done or omitted by the public curator. (7.) The Governor in Council may from time to time appoint such officers as are necessary for the purposes of this Act. 7. (1.) The offices respectively of curator of intestate Certain estates, curator in insanity, official trustee in insolvency, ~ :~ ~ :hed. and principal rec'eiver in insolvency are abolished. . Subject to this Act, the former powers and duties of such officers shall be exercised and performed by the public curator. All orders or grants made by the court empowering the curator of intestate- estates to administer estates shall, on the commencement of this Act, take effect as orders to administer, empowering the public curator to a.dminister such estates. All property vested in or held by or on behalf of the curator of intestate estates, the curator in insanity, or the official trustee in insolvency by virtue of any Act shall, on the commencement of this Act, pass to and become vested in the public curator. So far as is necessary for giving effect to this ~ onBtruc­ Act, whenever in any other Act, rule, regulation, or docu- 1i~ o: e: ~ ct8 ment any reference is made to the curator of intestate ~ c. • estates, or to the curator in insanity, or to an official

7062 s.7. TRUSTEES AND EXECUTORS. PABTII.- THEPUBLIO CURATOR Public C1tratoJ" Act. 6 GEO. V. No. 14, AND HIS OFFICE. jirustee in insolvency, or to the principal receiver in insolvency, such reference shall be construed as a reference to the public curator. (2.) The office of district receiver in. insolvency is abolished, and, subject to this Act, the former powem and duties of every district receiver in insolvency shall be exercised and performed by such officer as the public curator designates respectively in that behalf. Duties of (3.) All the duties, powers, authorities, and functions I ~ D ~ u m n s t o a l . v n en t cy which by "The Insolvency Act 0 'J 1 1874"* , were imposed transfe~ d or conferred upon or vested in the accountant in insol- tco puubrhca t v o en r c . y ' and which by "The Insolvency , Intestacy , and 57 Vie. Insanity Administration Act of 1893"t were transferred : ~ ' 5\ ~ 10. to .and imposed and conferred upon and vested in one or more of the official trustees appointed by the Governor in Council in that behalf, shall, on the com- mencement of this. Act, be transferred to and imposed and conferred upon the public curator, and the term " trustee" in sections one hlmdred and thirty-six, one hundred and ninety-three, one hundred and ninety- four~ and one hundred and ninety-five of "The Insolvency Act of 1874"* shall be construed as relating solely to a trustee u: ,' appointed by the creditors. . r-r I y' T~ s. The statement provided for by section one hundred & ~ ~ :~ ~ ~ : and ninety-three of the said last-mentioned Act shall, in ,4V ta registr " the case of the public cUrator, be transmitted by him to : the principal registrar. . Return of (4.) Notwithstanding anything to the contrary in ~ da: ~ o~ section two hundred and two, subsection nine, of the said to publio Act, the provisions of that Act as amended by this Act curator. with respect to the audit of trustees' accounts s h a 11 app I y in the case of a debtor whose affairs are under liquidation by arrangement, and sections one hundred and ninety- three, one hundred and ninety-four, and one hundred and, ninety-five of that Act shall be construed as applying equally to every trustee under such liquidation, as well as. every trustee appointed by the creditors. Outsta.nding (5.) Whenever proceedings in liquidation by arrange- = ~ ~ fter ment have been closed, and the trustee has obtained his liquidation. release, all outstanding assets belonging to the estate of the debtor shall vest in the public curator, and he shall be deemed to be the trustee in such liquidation for the pur- poses of realising such assets and properly distributing * 38 Vie. No. 5, awpra, page 1041. t 57 Vie. No. 15, Bupra, page 1091.

TRUSTEES AND EXECUTORS. ss. 8-10. 7063 PARTII.- 1915. Public Curator Act. THEPUBLIO CURATOR AND HIB the same, and of the debtor's discharge, and of any other OFFICE. matter or thing which may arise in connection with the estN'r I '? .....: . f~ 1 . 8. The power contained in any other Act of making Application rules or regulations with reference to the performance o~ rules, &rt. and exercise of the duties and powers of the curator of intestate estates, or of the curator in insanity, or of an official trustee in insolvency, or of the principal receiver in insolvency, or of the public curator, shall extend to autho- rise the making of rules or regulations with reference to the performance and exercise of the duties and powers of the public curator and of every deputy of the public curator with respect to the same matters. 9. (l.) The public curator is hereby constituted aPublic corporation sole under the name of "The Public Curator curatort~ . o f Q ueens I an d , " W . It h perpetua. l s " ucceSSIO . D an d a sea 1 0 f c B o o r le p . ora lOn office.. N.~.W. 1913, • No. 19, B. 7. SubJect to this Act, the public curator shall be N.Z. 1908, capable in law of suing and being sued, and of taking, No. 159, s. 4. purchasing, holding, and alienating land of any tenure, and of doing and suffering all such other acts and things as bodies corporate may by law do and suffer. (2.) The appointment of the public curator and of his deputies and their signatures, and the seal of the public curator, shall be judicially noticed. 10. Where the public curator is authorised to enter Contracts. into any con~ ract or exercise any power, such authority ~ ~ ~ i~ g~ : " l1. may be exerCIsed as follows : - Any contract which if made between private persons, or any power which if exercised by private persons,- Firstly, must be by deed or in writing under seal; Secondly, must be in writing signed by the parties thereto or the persons executing the power; Thirdly, may be made or exercised verbally, with- out writing: When entered into or exercised by the public curator,- In the first case, shall be in writing under his seal, and signed by or on behalf of the public curator; In the second case, shall be in writing, signed by or on behalf of the public curator; In the third case, may be made or exercised verb- ally, without writing, by or on behalf of t.h,e public curator. T

7064 ss. 11-15. TRUSTEES AND EXECUTORS. PARTII.- THE PUBLIC CURATOR AND HIS Public Curator Act. 6 GEO. V. No. 14, OFFICE. 11. (1.) The public curator may appoint any person mApepnot iannt- d t 0 act as h' IS agent . duti~ s of At the request of the public curator, any clerk of ;r.; ~ ;: 1913, petty sessions and any other State officer shall act No. 19, s. 10. as such agent within his district, and with, under, and subject to such powers, conditions, and limitations as are contained in such appointment. (2.) Every such agent, not being a clerk of petty sessions or other State officer, shall, if required by the public curator, give such security for the due performance of his duties as the public curator thinks proper and sufficient. Delegation 12. Any officer or agent of the public curator who is ~~ i~ ~ ~ io authorised by the public curator in .writing in t,hat behalf, N.Z. 1913, whether generally or in any partICular case, may make No. 19, s. 44. any oath or declaration required to be made by the public • curator, or verify any account, or execute transfers and assurances of any property, or sign or seal any documents or instruments requiring the public curator's signature or seal, or give consents or appear and conduct proceedings and give personal attendance in any court, or generally do any act or thing whatsoever for and on beha.lf of the public curator. When so signing, such person shall sign his personal name, adding the words "acting under the authority of the public curator of Queensland pursuant to 'The Public Curator Act of 1915,'" and he shall affix the public curator's seal in cases requiring the use of such seal; and such person's signature shall be judicially taken notice of without further proof. Any such transfer, assurance, consent, document, or instrument executed as aforesaid by such person shall have the same effect as if the same were executed by the public curator personally. No bond by 13. No bond or other security shall be required . p( Juubrlaitoor. from the public curator or any of his deputies in relation to his appointment to or acting in any office or capacity pursuant to this Act. 'Officers to make 14. Every member of the staff of the public curator, declaration and every agent of the public curator, shall be bound to o N f .Z se . c1r9ec1y3. , secrecy by declaration in the prescribed form. No. 19, s. 41. Empl? ~ ' Inent 15. The public curator may, subject to the regula- .tc:ohCltors, tions, employ such solicitors, counsel, bankers, accountants, and brokers or other persons as he considers necessary.

'l'RUS'l'EES AND EXECUTORS. ss. 16-18. 70G5 PARTII.- 1915. Public Curator Act. THEPUBLIO CURATOR AND HIS OFFICE. In determining the persons to be so employed in relation to any trust, he shall have regard to the interests ()f the trust, but subject to this shall, whenever practic- able, take into consideration the wishes of the creator 'Of the trust and of the other trustees (if any), and of the beneficiaries, either expressed or as implied by the practice of the creator of the trust, or in the previous management of the trust. 16. The public curator· shall not, nor shall any Restriction of his deputies or officers, act under this Act for reward, ~ nEfJ: : ' ~ c. except as provided by this Act. c. 55, s. 11. 17. (1.) There shall be charged and payable in Fees. respect of the duties and services of the public curator 6 ~ ~ w. ~ such fees, whether by way of percentage or otherwise, as N. S. ~ · 1! ) 13. are prescribed by the regulations. No. 19, s. 9. Such fees shall be collected and accounted for by such persons and in such manner, and shall be paid to such accounts, as are so prescribed. (2.) Any expenses which might be retained or paid 'Out of the trust property if the public curator were a private trustee shall be so retained or paid, and the prescribed fees shall also be retained or paid in the like manner as and in addition to such expenses. (3.) Such fees shall under the regulations be applied as an appropriation in aid of moneys provided by Parlia- ment for expenses under this Act, and so far as not so applied shall be paid into the Treasury. (4.) The incidence of the fees and expenses under this section as between corpus and income shall be deter- mined by the public curator. 18. (1.) Subject to this Act, all capital moneys,common. however arising, vested in the public curator, whether~ ~ s: ~ ; : ~ directed to be invested or not, shall become one commonN.Z. 1908, fund (herein called the "common fund"), and shall be s N s o . . 3 1 2 5 ,3 9, 3. invested by him. NNo.S..W19. , s 1 . 9 3 1 6 3 . . Investments made from the common fund shall not English be made on account of or belong to any particular trust Rules, 17. or estate. Subject to this Act, interest earned by such invest- ments shall be paid into the common fund.

7066 s. 19. TRUSTEES AND EXECUTORS. PARTII.- THE PUBLIC CURATOR Public Curator Act. 6 GEO. V. No. 14, AND HIS :Ma i n l n i e n r ~ o . f (2.) The public curator may invest in any 0 f t h {} investment•. investments in which, under" The Trustees and Executors-· Act of 1897,"* or any Act amending the same, trustees are- authorised to invest trust funds, and also in any class of investment from time to time approved, for the purposes of this Act, by the Governor in Council by Order in Council published in the Gazette. (3.) He may invest or retain invested money belong-- ing to any trust or estate and coming to his hands in any investment authorised by the trust instrument or (save- as otherwise provided by that instrument) authorised bY' law, and may (save as so provided) retain any investment existing at the date of the commencement of the trust, of' (where the trust arises on an intestacy) at the date of the- death of the intestate. (4.) The interest payable to the respective trusts or estates the moneys of which form the common fund shall be at a rate to be from time to time determined by the- Governor in Council. Such interest shall be credited to the respective trusts or estates quarterly, on the first days of January,April,. July, and October in each year. Special (5.) Provided that moneys expressly directed to be- ionuvtseisdtements invested otherwise than as mentioned in subsection two· common hereof shall not form part of the common fund, and the fund. public curator may invest such moneys in accordance with such direction. But any loss or deficiency in respect of any such investments, or of the money received there- from or realised thereby, t;lhall be borne by the trust or- estate to which such moneys belong, or if received or- realised would belong. Temporary 19. (1.) In order to admit of the moneys in the- taodvpaunbcleics common fund being kept closely invested, or to provide curator. moneys wherewith to make advances in connection with NNo.Z. . 1179, 1s2. , 3. estates, the public curator may, with the approval of the Minister in each case, obtain advances from tbe Treasurer- or the bank at which the public curator's account is kept. by hypothecating securities held by him in respect of investments of the common fund. (2.) Every such advance shall be for such period, not. exceeding four months, and at such rate of interest"as are approved by the Minister: . * 61 Vie. No 10, supra, page 3507.

TRUSTEES AND EXECUTOnS. SS. 20, 21. 70G7 1915. -------------- Public Curator Act. PART II.- THE PUBLIC CURATOR AND HIS Provided that on the expiration of the said period OFFICE. the advance may be renewed for the same or ::my shorter period, and so on from time to time. (3.) The total amount of advances to the public 'curator under this section outstanding at anyone time shall not exceed sixty thousand pounds. 20. If the common fund is insufficient to meet the Deficiency in lawful claims thereon, the Treasurer shall, without ~ ~ : . ~ on further appropriation than this Act, pay such sums out N.Z. 1908, of the Consolidated Revenue Fund as are necessary to ~oi5: 59, meet the deficiency. 21. (1.) The public curator may make advances out Advances ()f moneys standing to the credit of the common fund for ~~ ministra. the purposes of any trust or estate in course of adminis- tion tration or about to be administered by him. ~ : ~ r: : ; st (2.) Where an estate is under administration by him ~ : ~~ : h and there is no money: or not sufficient money available to ~ ~ ~ ~ . 2i913, make payments reqUIred to be made-on account of such No. 19, s. 39. estate, whether to the persons entitled thereto or to a share ~,z'11~08, ()r interest therein or otherwise, he may advance and pay ss~ ' 37, 3'8; for or on account of such estate any sum of money (not 19~ 3, No. 17, .exceeding in the whole one-half the total value of the s.. property) which he is authorised or required topay. (3.) \Vhere an estate is under administration by him ;and any person entitled to a share of that estate desires an advance against his share, he may make advances to that person not exceeding in the whole one-half of the value of the share as estimated by the public curator. (4.) All sums so advanced, with all interest thereon, :shall be a first charge upon all the property of the estate, .or the share advanced against, as the case may be, and shall bear interest at the rate fixed by the public curator, but not exceeding six pounds per centum per annum. (5.) All interest received under this provision shall be paid into the common fund. (6.) A certificate under the hand and seal of the public curator stating the amount owing for advances and interest on any specified date, by the estate, or person to whom the advances were made, and the share if any :against which they were made, shall be sufficient evidence 'Of the facts until the contrary is proved.

7068 ss. 22, 23. TRUSTEES AND EXECUTORS. PART H.-- THE PUBLIC CURATOR Public Curat01· Act. 6 GEO. V. No. 1<1, AND HIS Jns~; o:~ ~ ~ ~ 22. The Minister, and any officer of his department and audit authorised by him, shall have at all times access to all of ~ foks of the books, accounts, documents, and papers in the public- ~ l~ ra~ ~ r. curator's office, and the public curator shall at all times ;.9!i: ~ ~ ~ .~ : furn~sh to the Minister all such information as the ·Minister N.Z. 1908, reqUIres. No. 159,s.42. T.he accountsof the publ· 1C curat·or' III every capaCl' t y in which he acts shall be audited by the Department of the Auditor-General; and the public curator, hisdeputies~ officers, and agents shall be deemed to be public account- ants within the meaning of "The Audit Acts, 1874 to 1906."* The Auditor-General shall have with respect to the public curator's office all the powers which he possesses· with respect to officers in the public service. Accounts to 23. (1.) The public curator shall make or cause to ~ ~~ ~ . t be made an inventory of each es.tate in course of adminis- No. ~ 4, s. 37, tration by him, and shall retain the same in his office~ ~ ~~ ~S~ 2 33 and shall keep an account of all his receipts, payments~ ,-, .and dealings in every such estate, and shall retain all letters received and copies of all letters written by him and all deeds, papers, and writings of and relating to every such estate. He shall file a copy of such inventory in respect of each estate in the registry of the court; but, notwith- standing ~ my Act, rule, or practice to the contrary, it shall not be necessary for him to file any such account in such registry. (2.) Upon an application in writing by or with the authority of any person interested in any such estate, the public curator shall- (a) Permit the applicant or his solicitor or other authorised agent to inspect and take copies of any entry in any register relating to the estate, and (so far as the interest of the applicant is or may be affected thereby) of any account, notice, or other document in the custody of the public curator; and (b) At the expense of the applicant supply him or his solicitor or other authorised agent with a copy of any such entry, account, or docu- ment as aforesaid, or of any extract there- from; and * 38 Vic. No. 12 and amending Acts, 8upra, pages 74 et 8eg.

TRUSTEES AND EXECUTORS. ss. 24-27. 7069 PART II.- 1915. Public Curator Act. THE PUBLIC CURATOR AND HIS (c) Give to such applicant or his solicitor or other OFFICE. authorised agent such information respecting the estate and the trust property as is reason- ably requested in the application and is within the power of the public curator. (3.) Subject as aforesaid, tJ:.te public curator, his deputies, officers, and agents, shall observe strict secrecy in respect of every trust or estate in course of administra- tion by him. ::.?s 24. There shall be established by the public curator Unclaimed an account to be called the "Unclaimed Moneys Fund." The Governor in Council may direct that the Investment. whole or part of the moneys paid to the credit of the Unclaimed Moneys Fund shall be invested in the purchase of Government debentures or stock, and the interest arising from such investment shall be paid into the Consolidated Revenue Fund. 25. The public curator shall in every year in the Public 11 J."'" month of J . anuary transmit to the Minister ' a to c b c e o lai u d cnurattosr'sr . : h " " ./),.1 before Parhament- and balance- (a) A balanc~ - sheet setting forth the total receipts ~ l~ e~ i~ . and expenditure of the public curator during No. 24, s. 38. the precedm· g year, and the propert y and'm- N N o .S . . 1 W 9 . , s 1 . 94103., avnes d tments hel.d and made during that period; N N. o Z .1 . 5199, 0s8. 3, 9. (b) A profit and loss account setting forth the total revenue and expenditure of the public curator's office (including advances, if any) and losses chargeable to such revenue; and (c) A statement showing the position and invest- ment of the Unclaimed Moneys Fund. 26. All documents of title held by the public curator Cus}ody of shall be kept in safe custody in such manner as he directs, ~f~ ~~ ~ nts and may be produced or parted with by his authority N.Z. 1913, as and \vhen he thinks proper in. the conduct of the No. 19, s. 39. busines8 of his office. . publ l 2 ' C 7. cu ( r 1 a .) toAr llufnr d eeerhooldr lpaunrdswuahnict htobecto I l m I . S esovreastneyd i 0 nththeer uLPnraodnpedresrRntyoeat l Act, and which is not subject to the provisions of "The Ac',s. Real Property Acts, 1861 to 1887,"* may be brought by him under the provisions of those Acts. * 25 Vic. No. 14 and amending Acts, supra, pages 2984 et seg.

7070 s.28. TRUSTEES AND EXECUTORS. PART II.- THE PUBLIC CURATOR Public Curator Act. 6 GEO. V. No. 14, AND HIS Re~ : : ; ~ : ion . .(2.) The proper registrar of titles. shall register trans- of tit.les. mISSIOn of any real property to the pubhc curator when duly ~ ~ : ~ ~. appointed, and register all transfers and other instruments ss. 25,26. executed by the public curator, in the same manner as transmission is now entered up to the devisee, and as transfers and other ins~ ruments are now registered. cPmuuarbyaltio r c e r quire curat ( o 3. r ) iWs hdeefneecvteivreinthraonuygchastehethneont-ietlxeI. sotefnctheeorpunbolnic- ~ ue of issue of any instrument of title which ought to be issued, omf8ttirtulem. ents t h en the publ 1 ' 0 curat or may requI.re the same t 0 be ' Issued N.Z. 1908, to him, and the proper officer shall upon such request No. 159, s. 2. I • ssue the same t 0 hI' m accord'mg 1 y. Searches. (4.) The registrar-general and the Department of Public Lands, and every officer of the Supreme Court and every registrar of titles, registrar of companies, registrar of firms, and mining registrar, shall permit the public curator and any of his deputies, and any officer authorised by him or any of them in that behalf, free of charge, to make searches of and to make copies of or extracts from any documents of title or records in the depart- ment or registry relating to any ptoperty in which the public curator is or may be interested. PART 111.- TRUSTS PART IlL-TRUSTS AND ESTATES GENERALLY. ,./ E: ~~ ES 28. (1.) Where the Crown, ~ he Govern~r in Co~ ncil, \ l" GENERALLY. or a publIc officer, or a court, Judge, pubhc or prIvate J ftights and corporate body, or any person within or without Queens- ty. dUhi~ iehs to bl' land, now or hereafter can appoint a trustee, executor, w cura c tor p m u ay 10 a d mI . nI . S t ·ra t or, guar d m ' n, comm . lt t ee, agen t , or attorney, N a b p e .Z po . . m 19 t e 0 d 8, . caunryatoofr I ' s f u h cehcoapnspeonitnstmt h eenrtestom. ay be made of the publi0 No. 159, 8.12. (2.) Where the Crown, the Governor in Council, or a public officer, or a court or judge, public or private corporate body, or any person within or without Queens- land, desires to or' can create any truE!t, then, unless expressly prohibited, the Crown (by the Governor in Coun- cil), the Governor in Council, or such public officer, court, or judge, corporate body, or person may, for the purposes of such trust, appoint the public curator to be trustee upon such trusts and under and subject to such powers, provisions, and conditions as are expressed. (3.) SUbject to this Act, the duties and rights of the public curator under any appointment shall be the same as if the appointment had been of a private person.

TRUSTEES AND EXECUTORS. s.29. 7071 PART IIl.- 1915. TRUSTS AND ESTATES 29. (1.) With the consent of the court- GENERALLY. Appoint- (a) Executors, whether appointed before or after : : ~ ~ cOf the commencement of this Act, may, unless curator by express1y prohl' bI' ted, b e fore or after t akm' g eaxnedcaudtomrsinis- out probate, appoint the public curator sole trators. execu t or; an d N.Z. 1908, No. 159, (b) Administrators, with or without a will annexed, ~. ~~· 1913, whether appointed before or after the com- No. 19, s. 17. mencement of this Act, may, unless expressly prohibited, appoint the public curator sole administrator. (2.) Without obtaining the consent of the court, Trustees . trustees, whether appointed before or after the com- ;: ~ i: ppomt mencement of this Act, and under whatsoever trust curator in instrument appointed, may, unless expressly prohibited, their place. and notwithstanding the terms of the trust as to the number of trustees, appoint the public curator (if he -(lonsents thereto) sole trustee in their place. Executors whose duties continue in the nature of a trusteeship after their administration is closed shall for the purposes of this subsection be deemed to be trustees. (3.) V\r.here there are more trustees, executors, or administrators than one, anyone trustee or executor, (whether before or after proving a 'will) , or anyone ad- ministrator, may apply to the court to have the public curator appointed sole trustee, executor, or administrator. (4.) On any application under this section the court may make such order as it thinks fit. (5.) '¥here to the appointment of a trustee, executor, 'Or administrator the consent of any person is requisite, and such person refuses to consent to the public curator being appointed, or where the person to consent is an infant, or a person of unsound mind, or is absent from Queensland, or is under any other disability, then an appointment of the public curator may be made without .such consent if the court consents thereto. (6.) Whenever under this section any executor or administrator with the will annexed appoints the public curator executor or such administrator, the public curator .shall, by force of such appointment, be also sole trustee if such executor or administrator were trustee, or if there were no trustee appointed by the trust instrument or in existence.

7072 ss. 30-32. TRUSTEES AND EXECUTORS. PART III.- TRUSTS AND Public Curator Act. 6 GEO. V. No. 14, ESTAtES i P n G r t E o e N p s E t e R a r A t t e L y L t o Y o f . death 30 s . eizWedheonranpyospseesrssoedn doifes, obr eiontgheartwtihsee etinmtietleodf htios- vest in any property within Queensland, and has not by his will cpuurbalitcor. disposed of such property, then such property shall,. 41 Vic. instead of descending to his heir-at-law or next-of-kin,. No. 24, B. 11. pass to and become vested in the public curator; and in the case of property of persons dying intestate before the commencement of this Act, where any part thereof was vested in the Chief Justice or other judge of the court,. the same shall be divested from him and vested in the pubHc curator as from the commencement of this Act. Appoint- 31. (1.) The public curator ma.y be appointed as a. mtruesntt Wlder new trustee, or as an add"ItlOnal trustee, I.n t he same instnunents. cases, and in the same manner, and by the same persons !. ~ ~ ~ ~ . 75• or court, as if he were a private trustee: ~ v~ ~ . 53 Provided that, unless the court otherwise orders, the N~ S. W: ~ · 913: public curator shall not be appointed as a new or addi- No. 19, s. 13. tional trustee where the trust instrument contains a. direction to the contrary. (2.) When the public curator is appointed under this section as a new or additional trustee, he shall,. subject to this Act, have the ~me powers, authorities,. and discretions, and act as if he had been originally appointed a trustee. gNiovteinc. e to be publi(c3. ) cuNraottoicreasofa. naenwy oprroapdodsietidonaapl ptrouisnttemeesnhtallowf htehree practica.ble be given to all persons beneficially interested who are resident in Queensland and whose addresses are known to the persons proposing to make the appointment, or, if such beneficiaries are infants, to their guardians; and where any person to whom such notice has been given applies to the court within twenty-one days from the receipt of the notice, the ~ourt may, if having regard to the interests of all the beneficiaries it considers it expedient to do so, make an order prohibiting the appoint- ment being made: Provided that a failure to give any such notice shall not invalidate any such appointment. Order to 32. (1.) On the death of any person domiciled in ~ : ! er Queensland, or who has property in Queensland, who has estate. died or hereafter dies in Queensland or elsewhere intestate, s. Uo: ~ ~ · , 31. the public curator shall, if he thinks fit to apply therefor, N.Z.1908, be entitled to an order to administer the estate of such No. 159,s.14. person in all cases where such estate is not already in course of administration under letters of administration- granted to some other person.

TRUSTEES AND EXECUTORS. s.33. 7073: PART IlI.- 1915. Public Curator Act. TRUSTS AND ESTATES GENERALLY r (2.) On such application no further proof of the death and intestacy of any person shall be required than an affidavit that, after due inquiries, the public curator is satisfied that such person died intestate. (3.) The public curator shall be entitled as of right to such order: Provided that if some other person in Queensland, who if it were not for this section would be entitled to such administration, applies for suoh administration, then the court may grant administration. to such person: Provided also that it shall not be neoessary for the publio curator nor shall the ,court require him to give notioe of such application to any such person. 33. (I.) Where any person has heretofore died or Public hereafter dies testate in or out of Queensland leaving ~ d: i: s: : Y­ property in Queensland, and application for probate or whe:t;e n? letters of administration has not been made wi~ hin three ~!l~c~ ~~on months after the death of such person, the publIc curator prob. a~ e or may apply for an order to administer, and the court shall ta 1 .d 0 IDU • llnstra. make such order unless the person entitled to probate or N.Z. 1908, letters of administration applies therefor, or shows to the No. 159, s. 18~ satisfaction of the court that the delay in making such application has been and still is unavoidable or accidental. (2.) On such an application no costs shall be awarded , against the public curator. (3.) Oh the application of any person entitled to Saving. probate or letters of administration with the will annexed (or of his attorney) who was out of Queensland when the order in favour of the public curator was made, and who has not renounced or refused probate or administration, the court may grant probate or administration to suoh person in such manner and subject to such limitations or conditions as the court thinks proper. (4.) No such application shall be made until after fourteen days' notice in writing of the intention to apply has been left at the office of the 'public curator. (5.) Immediately on the grant of such probate or administration, all the powers, rights, and duties of the public curator (except the rights reserved hereby) in relation to the testator's estate, and all liability of the public curator under any contract entered into by him, or otherwise, affecting or relating to such estate shall cease; and, subject to and on the allowance

7074, ss. 34, 35. TRUSTEES AND EXECUTORS. PART III.- - - - - - ' - - - - - - - - - - - - - - - - - - - - - - - - TRUSTS AND Pub,lic etlratar Act. 6 GEO. V. No. 14, ESTATES <GENERALLY. and payment of all moneys due for fees, necessary out- lay, disbursements, and expenses affecting such esta.te, including the expenses of and incidental to the application for probate or administration, and consequent thereon, and subject also to the provisions of this section, such portion of the estate of the testator as is then unad- ministered by the public curator shall vest in the person obtaining probate or administration. -Order to 34. (1.) When any person who at the time of his aindmotihneisrter dea. th was dom' lCl' 1ed or had any estate in Q ueens1and dies, cases. whether such death occurred within or outside Queens- ~ ~~ ' i~ ' 1913, land, and whether before or after the commencement of ijj,1. 18, i9, 20. this Act, the court may, on the application of the public curator, grant to him an order to administer the estate of such person in any of the following cases :- (i.) Where such person leaves no executor willing and capable of acting in the execution of his will resident within the jurisdiction. (ii.) Where every executor or administrator has died. (iii.) Where the estate or any portion thereof is liable to waste, and the executor or adminis- trator or next of kin- (a) Is absent from the locality of the estate; or (b) Is not known; or (c) Has not been found; or (d) Requests the public curator III writing to apply for such order. (iv.) Where part of an estate already partly administered is unadministered, owing to the absence from the State or incapacity of the i executor or administrator, or the executor or I administrator has become insolvent. In such case any absent or insolvent executor or administrator may be discharged "', I by the court. , of (2.) The court may make such order for a limited time or limited to a portion of the estate or otherwise. Estate unad- 35. (1.) In any case in which administration of the ~ in~ ~ ~ red. estate of any deceased person has been or is hereafter No. 24, granted to any person, the public curator or any person ;ss. 47 to 49. interested may apply to the court that an order to ad- minister the estate left unadministered may be granted to the public curator upon the ground that it would be

'l'lWSTEES AND EXECUTOHS. ss. 36, 37. 7075 PART IlI.- 1915. Public Curator Act. TRUSTS AND ESTATES beneficial to any person who is or may be interested in GENERALLY. the estate that the existing administrator should be removed, and that such estate should be administered by the public curator; and the court may make such order as under the circumstances it thinks just. (2.) Before making any such application, seven days' notice shall be given to the existing administrator unless, by reason of his absence from Queensland or for other reasons disclosed upon affidavit, the court thinks fit to hear the application without such notice. 36. (1.) Subject to this Act, an order to administer Effect of owvheernt hmeadperosphearltlygi 0 vfe tthoethdeecpeuabsleidc causrahteorwtohueIdsamh aevpeo' hwaedr a ord m de~ m ~ I o ster. if letters of administration of such property had been granted to him. (2.) Upon obtaining an order to administer, the title 41 Vie. of the public curator to any property in the estate, and No. 24, s. 14. to the rents and profits thereof, shall relate back to and be deemed to have arisen upon the death of the owner of such property, as if there had been no interval of time between such d~ ath and appointment: Provided that any acts lawfully done by a prior administrator shall be as valid and effectual as if they had been done by the public curator. . (3) ~ fter the public curator has obtai~ ed .an order Stay of to admInIster any estate, no person shall mst1tute any actions. Nil. action or other proceeding for the administration of such ~ ~ . estate; and any such action or proceeding previously s. 49 (4): commenced shall, on the application of the public curator, be stayed on such terms as to costs and otherwise as the court thinks fit. a 7. (1.) Where any person has heretofore died or Election to- hperorepaefrtteyr dt hiees girnotsessta v t a e ~ 1 , ue in 0 of rwo 1 u ll · t C hofaQs ueesetI.nmslaatnedd, lbeyavtihneg ee a sx ~ " m ca i et n ee i d s nin t og e t r public curator does not at the time of the election herein- £ ~ OhO after mentl.Oned exceed four hundred pounds, and no oWrIdter 0 ( t I o t person has taken out administration, the public curator adminis~ eror may, m . a 11 cases where he ' IS ent'It 1 ed to an order to p N r . o Z b . a1te9. 08, administer, in lieu of obtaining such order, file in th~ No. 159, office of the court an election in writing setting forth ~ · 9~ g, ; No. w. the name, residence, and occupation (so far as then s. 19. known to him) of the intestate, and of the property of the intestate as then known, and electing to administer. (2.) Where any person has heretofore died or here- after dies testate in or out of Queensland, leaving pro,. perty the gross value of which, as estimated by the

'7076 s.38. rrRUSTEES AND EXECUTORS. PART III.- TRUSTS AND ESTATES Pttblic Cu,rator Act. 6 GEO. V. No. 14, GENERALLY. public curator, does not at the time of the election herein- after mentioned exceed four hundred pounds, and no person has obtained probate, the public curator may, in all cases where he is entitled to obtain probate, in lieu of obtaining probate, file in the office of the court an election under his hand and seal setting forth the name, residence, and occupation (as far as then known to him) of the testator at the date of his death, and the property of the testator as then known, and the date of his death, and stating that after due inquiries he believes that the document annexed to such election is th.e testator's last will, and that such will has been validly executed according to the law governing the execution of wills, and electing to administer the property according to the provisions thereof. (3.) On such election being filed the public curator shall be deemed to be administrator or executor, as the case may be, of the whole property of the deceased person in all respects as if an order to administer or probate had been regularly granted to him. (4.) He shall publish in the Gazette a notice that he has made such election, and such notice shall be con- elusive evidence that he is rightfully entitled to administer. (5.) If after filing such election the gross value of the property to be administered is found to exceed the sum of six hundred pounds, the public curator shall, as soon as practicable thereafter, file in the office of the court a memorandum under his hand stating the fact, and proceed in the ordinary manner to obtain an order for the adminis- trati?n of the estate or probate of the will, as the case , reqUIres. J It (6.) In this section" probate" includes an order to administer with will annexed, whether for general, limited, or special purposes. Public 38. (1.) Where any person has heretofore died' or 1exluerraCtl? sre may hereafter dies, and notwithstan • ding < : J t . hat dsome person po:;r certain other than the public curator IS appomte executor or is entitled to letters of administration, the public curator rrub. a~ ~ or may, if he thinks fit, until probate or letters of adminis- ~ ~ lstra. tration are granted, exercise with respect to the estate ; : : ro~ of the deceased person all such powers and authorities e NN n o. t Z. i . t 1 l 1 e 5 d 990 . , 8, caonudlddoexaelrlcisseucohr adcots ifantdhethdiencgesasaesd' hheadwdoiueldd ihnatevsetaoter ;ss. 16, 17. and the public curator had obtained an order to administer:

TRUSTEES AND EXECUTORS. s. 38. 7077 I PART III.- 11915. Public Curator Act. TRUSTS I E:r~~ES I Provided that the public· curator shall not, sell, GENERALLY. l~ ase, exchange, mortgage, or partition any portion of the property (except by sale of such portion of the nersonal estate as is of a perishable nature) unless such property is ordered to be sold by the court on the ~pplication of the publio curator. I (2.) Before the public curator first acts under this sbction, he shall give notice, in writing or by telegram, to ~ ny person in Queensland, if known to the public curator ~ s a person who (not being an infant or of unsound mind) 't0u1d be entitled to obtain probate or letters of adminis- t~ation, informing such person that he intends to so act 11n1ess such person forthwith proceeds to apply for probate qr letters of administration. I I If such person does not, within twenty-one days alfter the posting of such notice or the despatching of suoh t~ legram, give notioe, in writing or by telegram, to the ~ ublio curator that he intends to apply for probate or l~ tters of administration, or if such person gives such q.otice but fails for fourteen days thereafter to apply tlherefor, or makes such application and it fails, then, q.nless the court otherwise orders, the public curator may proceed to exercise any of the powers and authorities given by this section. I If more persons than one are entitled to take out nrobate or letters of administration, it shall be sufficient tb give notice to one of such persons only. I I Nothing herein shall, where it is not actually known tp the publio curator that there is in Queensland any ilerson entitled to obtain probate or letters of adminis- tration, or in case of emergency (of which emergenoy the ~ ublic curator shall be the sole judge), prevent the public .qurator from exercising the powers and authorities ~ ven by this seotion without giving such notice as afore- Br id. - I (3.) All expenses incurred by the public curator .q.nder this section shall be a first charge upon the pro- perty of the deceased person. I ! (4.) Any person who afterwards takes out probate qr letters of administration of the estate of any such 4eceased person shall, before he is entitled to a grant ~ ~ ereof, first pay any fees and expenses payable to or ip.curred by the public curator. I i !

7078 s.39. TRUSTEES AND EXECUTORS. PART IlI.- TRUSTS AND Public Curator Act. 6 GEO. V. No. 14, ESTATES A~ » ~ E~ A~ Y. 39. (1.) Any person who in the: opinion of the public; tio:~ltlsx: a~ ll curator would be entitled to apply to the court for an e 6 st E a d te w s . . 7 order for the administration by the court of an. estate, the- c. 55, e. S. gross capital value whereof is proved to the satisfaction. E R n u g le li s s , h 14 of the public curator to be less than one thousand pounds,.. to 17. may apply to the public curator to administer the estate,. and, where any such application is made and it appears- to the public curator that the persons beneficially entitled. are persons of small means, the public curator shall administer the estate, unless he sees good reason for refusing to do so. (2.) On the public curator undertaking, by declara- tion in writing, to administer the estate, the trust property other than stock shall, by virtue of this Act, vest in him,. and the right to transfer or call for the transfer of any stock forming part of the estate shall also vest in him, in. like manner as if vesting orders had been made for the purpose by the court. As from such vesting any trustee- entitled tinder the trust to administer the estate shall be discharged from all liability attaching to the administra- tion, except in respect of past acts: Provided that the public curator shall not exercise the right of himself transferring the stock without the leave of the court. (3.) Upon receiving any application under this section the public curator shall require to be supplied to- him such evidence as to the value of the estate and the circumstances of the persons beneficially entitled, and such other information relating thereto, as he may consider it desirable to obtain in any particular case. (4.) If it is not proved to the satisfaction of the public curator that the gross capital value of the estate is less than one thousand pounds, or if it does not appear to- him that the persons beneficially entitled are persons of small means, or if he sees any other good reason for refusing the application, he shall refuse the same, and shall forthwith give notice to the applicant of such refusal. (5.) In any other case the public curator shall make in respect. of the estate the declaration mentioned in subsection two hereof, and shall give notice to the applicant that the application is accepted, and shall take such other steps as may be necessary or proper to enable him to administer the estate; and any person having the custody of t,he probate or letters of administration

TRUSTEES AND EXECUTORS. s.40. 7079 PART III.- Public Curator Act. TRUST'S AND o I r other document relatm • g to the estate shall, upon the GE E N ST E A B T A E L S LY. request in writing of the public curator, deliver the same tp him or as he directs. i (6.) A refusal under this section shall not prevent ~ he public curator from exercising with respect to the ~ state any powers (other than powers under this section) exercisable by him with respect thereto under this Act if duly appointed to exercise the same. (7.) Upon the acceptance of any application the Fublic curator shall determine whether the estate shall ~ e administered from his office or from a branch office, and shall give directions accordingly; and any such direction may at any time be rescinded or varied by him at his discretion. (8.) For the purposes of the administration the ~ ublic curator shall (subject as hereinafter provided) have ~ ll the administrative powers and authorities exercisable by the court acting in the administration of an estate. (9.) Where proceedings have been instituted in any court for the administration of an estate, and by reason Of the small value of the estate it appears to the coUrt ~ hat the estate can be more economically administered by the public curator than by the court, or that for any other I1eason it is expedient that the estate should be adminis- tered by the public curator instead of the court, the court may order that the estate shall be administered ~ y the public curator, and thereupon (subject to any directions by the court) this section shall apply as if the administration of the estate had been undertaken by the public curator in pursuance of this section. 40. (1.) Unless the court otherwise orders, the public Notice of l ., 1urator shall, within twenty-eight days • after any, order to o a rdd m e I ~ nI ~ S Ot er. ~ dminister has been granted, cause notICe of the fact to beN.s.w. 1913, ~ ' ublished- s N s o . . 2 1 4 9 , , 2 . 5. (a) In some daily newspaper published in Brisbane; and if the person whose estate the public curator has been ordered to administer did not reside in Brisbane, then also (b) In some newspaper published in the town or place in Queensland where such person resided; or if there is no newspaper published in such town or place, then (c) In some newspaper circulating in or next to such town or place. w

7080 s. 41. TRUSTEES AND EXECUTORS. PART nf.- --- TRUSTS AND Public Curator Act. 6 GEO. V. No. U, ESTATES GENERALLY. (2.) Unless the court otherwise orders, the public curator shaU- (a) Cause like notices to be published in newspapers published or circulating in the town or place in Queensland where the next-of-kin are lmown or supposed to reside; and in the case of foreigners, (b) Give notice to the consul of the country where the next-of-kin are supposed to reside, if there is any consul resident in Brisbane. (3.) Provided that the aforesaid notices shall not be necEssary where the public curator is satisfied that the gross value of the estate does not exceed four hundred pounds. Advisory 41. (1.) In the administration of any trust estate as t N ru .Z st . e 1 e 9 s 1 . 3. trustee thereof the public curator may act with an advisory No. 19, s. 4. trustee or advisory trustees to the extent herein pro- vided. Where in this Act" advisory trustees" are referred to, those words mean and include" advisory trustee" in cases where there is only one advisory trustee. (2.) An advisory trustee or advisory trustees may be appointed- (a) By order of the court made on the application of any beneficiary or of any person on whose application the court would have power to appoint a new trustee; or (b) By the trust instrument; or (c) By any person having power to appoint new trustees. (3.) Where the public curator acts with advisory trustees the trust property shall be vested in the public curator, and he shall have the sole management and administration of the estate and its trusts as fully and effectually as if he were the sole trustee: Provided as follows:- (a) He may consult the advisory trustees on any matter relating to the trusts or the estate. (b) The advisory trustees may advise the public curator on any matter relating to the trusts or the estate. (4.) In case of difference between the public curator and the advisory trustees, either the public cura.tor or the a.dvisory trustees may submit the matter in dispute in a

TIWSTEES AND EXECUTOHS.. s. 42. 7081 PART I1I.- 1915. Yublic Curator Act. TRUSTS AND ESTATES summary manner to a judge of the court in chambers, GENERALLY. whose decision thereon shall be final, and shall bind both the public curator and the advisory trustees. . (5.) No person dealing with the public curator shall be concerned to inquire as to the concurrence or other- wise of the advisory trustees, or be affected by notice of the fact that the advisory trustees have not concurred. (6.) The power of appointing a new 9Jdvisory trustee when exercisable by the continuing advisory trustees shall be exercised by them alone, but the public curator shall have the same power of applying to the court for the appointment of a new advisory trustee as is possessed by any other person. (7.) In determining the number of trustees for the purposes of "The Trustees and Executors Acts, 1897 to 1906," * the advisory trustees shall not be reckoned as trustees. . (8.) Subject to the provisions of the trust instrument (if any), the regulations may provide for the remuneration ()f advisory trustees out of the estate. 42. (1.) The public curator may, whether or not the Custodian number of trustees has been reduced below the original ~ r~ : e. 7 4. number, be appointed to be custodian trustee of anye. 5t~ . trust- (a) By order of the court made on the application of any beneficiary or of any person on whose application the court may order the appoint- ment of a new trustee; or (b) By any trust instrument; or (c) By any person having power to appoint new trustees. (2.) Upon such appointment, if the public curator consents to act- (a) The trust property shall be transferred to the custodian trustee as if he were sole trustee, and for that purpose vesting orders may, where necessary, be made by the court; (b) The management of the trust property and the exercise of any power or discretion exer- cisable by the trustees under the trust shall remain vested in the trustees other than the custodian trustee (which trustees are herein- after referred to as the managing trustees) ; * 61 Vie. No. 10 and amending Act.s, supra, pages 3507 et seq.

7082 s.42. TRus'rEES AND EXECUTOHS. PAllT 111.- TRUSTS AND ESTATES GENERALLY. Public Curator Act. 6 GEO. V. :No. 14, (c) As between the custodian trustee and the managing trustees, and subject and without prejudice to the rights of any other persons,. the custodian trustee shall have the custody of all securities and documents of title relating to the trust property, but the managing trustees shall have free access thereto and be entitled to take copies thereof or extracts therefrom; (d) The custodian trustee shall concur in and perform all acts necessary to enable the managing trustees to exercise their powers of management or any other power or discretion vested in them (including the power to pay money or securities into court), unless the matter in which he is requested to concur is a. breach of trust, or involves a personal liability upon him in respect of calls or otherwise, but, unless he so concurs, the custodian trustee shall not be liable for any act or default on the part of the managing trustees or any of them; (e) All sums payable to or out of the income or capital of the trust property shall be paid to or by the custodian trustee: Provided that the custodian trustee may allow the dividends and other income derived from the trust property to be paid to the managing trustees. or to such person as they direct, or into such bank to the credit of such person as they direct, and in such case shall be exonerated from seeing to the application thereof and shall not be answerable for any loss or misapplica- tion thereof ; (f) -The power of appointing new trustees, when exercisable by the trustees, shall be exercisable by the managing trustees alone, but the cus- todian trustee shall have the same power of applying to the court for the appointment of a new trustee as any other trustee; (g) In determining the number of trustees for the purposes of " The Trustees and Exec't(,tors Acts~ 1897 to 1906,"* the custodian trustee shall not, be reckoned as a trustee ; '" (H Vie. No. 10 and amending Acts, supra, pages 3507 et seq..

TRUSTEES AND EXECUTORS. s.43. 708:1 PART 111.- 1915. P1lblic C1lrator Act. 'TRUSTS AND ESTATES (h) The custodian trustee, if he acts in good faith, GENERALLY. shall not be liable for accepting as correct and acting upon the faith of any written statement by the managing trustees as to any birth, death, marriage, or other matter of pedigree or relationship, or other matter of fact, upon which the title to the trust property or any part thereof may depend, nor for acting upon any legal advice obtained by the manag- ing trustees independently of the custodian trustee; . (i) The court may, on the application of either the custodian trustee or any of the managing trustees, or of any beneficiary, and on proof to its satisfaction that it is the general wish of the beneficiaries, or that on other grounds it is expedient to terminate the custodian trusteeship, make an order for that purpose, and the court may thereupon make such vesting orders and give such directions as under the circumstances seem to, the court to be necessary or expedient. 43. The public curator may if he thinks fit- Carrying on . ( 1 .. . ) A C t as cust 0 di an t rust ee 0 f a t rust wh 1 ' 0 1 1 Ebunsgilniesshs• involves the management or carrying on of Rules, 7. any business, but upon the conditions that he shall not- (a) Act in the management or carrying on of such business; or (b) Hold any property of such a nature as will expose the holder thereof to any liability except under exceptional circumstances, and when he is satisfied that he is fully indem- nified or secured against loss; and (ii.) Accept as ordinary. trustee under exceptional circumstances a trust which involves the management or carrying on of any business, but upon the conditions that except with the approval of the Minister he shall only carry on the same- (a) For a short time not exceeding eighteen months; and (b) With a view to sale, disposition, or winding- up; and

7084 s.44. TRUSTEES AND EXECUTORS. PART III.- TRUSTS AND ESTATES GENERALLY. Public Ct{Tat01" Act. 6 GEO. V. ~ O. 14, (c) If satisfied that the same can be carried on without risk of loss. pcNuuobrtalicitcoertoof his ap 4 p 4 o . in ( t 1 m .) eNntoatiscteruisntewe roirtiandgvitsoortyhetrupsutbeleicorccuursattoodriaonf appoint- trustee may be sent to him- . ment as trustee or (a) Where the appointment has been made by a advisory or custodian testator-by any trustee or beneficiary under trustee. the will; and English Rules, h to (b) In the case of the estate of an intestate-by 10. any person appearing to be beneficially inter- ested in the estate; and (c) In any case-by the persons or anyone of the persons having power under this Act to make the appointment. (2.) It shall be the duty of any person appointed by a testator to be co-trustee with the public curator, and, not renouncing or disclaiming the trust, to give to the public curator notice in writing of such appointment as soon as practicable after the same has come to his know- ledge. (3.) Upon receiving any such notice, the public curator may require to be produced to him the trust instrument (if any), and may require to be supplied with a copy of that instrument, and of any other document affecting the trust~ and such particulars as to the nature and value of the trust property, and the liabilities (if any) attaching to such property or the holder thereof, and the names and places of abode of any beneficiaries and trustees under the trust, and such other information relating to the trust as he considers it desirable to obtain in any particular case. (4.) As soon as may be after receiving any such notice, the public curator shall take into considera- tion, upon such evidence as appears to him sufficient- (a) The gross capital value of the trust property; (b) The mode of investment and the condition of the trust property; (c) The situation, tenure, and character of any land comprised in the trust property; (d) Any liabilities attaching to the trust property or the holder thereof ; (e) The places of abode and circumstances of the beneficiaries; and (j) All the circumstances of the case. and shall decide· whether the trust ought to be accepted

TRUSTEES AND EXECUTORS. ss. 45-47. 7085 PART HI.- 1915. Public Curator Act. TRUSTS AND ESTATES or refused. He shall forthwith give such notice as he GENERALLY, thinks proper of such acceptance or refusal, and in case of acceptancershall execute an instrument in the prescribed form expressing his consent to act in the trust. Upon acceptance he shall determine whether the trust, so far as his powers and duties are oonoerned, shall be administered from his office or from a branch office, and give directions accordingly. Any such direction may at any time be rescinded or varied by him at his discretion. 45. (1.) Where the trustees of a trust estate are Trustees empo:vered to delegate all or any of their powerR and :~ ! gate functIOns to any person, they may delegate the same tD PGw~ rs to the public curator with his consent, and in such case the ~ ~ ~ ~ ~ r. public curator may exercise all the po"\vers and functions KZ. 1913, so delegated. No. 19, s. 22. The charges of the public curator shall be such as are prescribed, or, if not prescribed, as are agreed on by the delegating trustees and the public curator.' (2.) Any executor m8JY pay the legacy or share due Public to any infant to the public curator and by writing direct ~ ~ ~ ~ ~ ? : f~ ~ the public curator to account to such infant according to private the provisions of the trust instrument; and such writingf; , , : ~ ~ ~ ~ ~ r~ f shall vest in the public curator all the powers of such minors. executor or the trustee of such instrument in regard to such legacy or share. This provision extends to existing instruments. Such executor shall furnish the public curator with So copy of the trust instrument, and the public curator shall act thereon. "Executor" in this subsection includes an adminis- trator with or without the will annexed for general, special, or limited purposes; also any trustee. 46. The public curator, with his consent, and for Public such remuneration as is prescribed, or, if not prescribed, ~~ ra~ or may as is agreed on, may be appointed receiver or receiver appointed and manager under any Act or instrum. ent prdoviding for n ~ . :c z e . lv 1 e 9 r 1 , 3 & , 0. the appointment of a r~ ceiver or receIver an manager, No. 19, s. 31. or in the exercise of the general jurisdiction of the court. 47. The public curator may, by deed or will or by Appoint. the court (whether on the application of the public curator: : ~ ~ ~ . or of any other person), be appointed to be a guardian of an infant under any law in force for the time being relating to the guardianship and custody of infants.

'/086 ss. 48-50. TRUSTEES AND EXECUTORS. PART III.- - - - - - - - - - - - - - - - - - - - - - - - TRUSTS AND Public Curator Act. 6 GEO. V. No. 14, ESTATES GENERALLY. 48.. Subject to this Act, the public curator shall be mApepnot ionft- capable of being appointed and of acting- public curator in (i.) As next friend of an infant; . other (ii.) As committee of the property of any person of capacities. unsound mind, whether so found by inquisition or not-. Administra- 49. (1.) In any case where a fund is raised by public tpiuobnli b c y or private subscriptions for the benefit or relief of any curator of perso n or class of persons, the following provisions shall benefit funds. apply:- N.Z.1912, (a) The fund may be paid to the public curator to No. 17, s. 4. be administered by him and to be invested in t he common fund; _ (b) The public curator may recognise as a com- mittee any persons whom he believes to have been appointed or authorised in that capacity by a substantial number of the subscribers ; (c) The public curator, after conferring with the committee, may apply to the court for direc- tions as to the administration of the fund, and for that purpose may submit a scheme; (d) The court may approve the scheme with or without modification as the court thinks fit ;- (e) The public curator shall administer the fund in accordance with the scheme so approved; (f) On the application of the public curator, of the Attorney-General on the relation of any mem- ber of the committee, or of any person claiming an interest in the fund, the court may at any time vary the scheme or give directions on any point or question relating to the scheme or the fund; (g) The public curator shall obey all such direc- tions_ (2.) This section shall apply to funds raised before or after the commencement of this Act_ ~ mpensa- 50. Where the amount of the compensation money :~ ~ ~~ eys due in respect of the death of a worker has been duly may be paid arrivedat, the person liable to pay the same may pay the ~ s: ' ! . ed same to the public curator, and the receipt of the public by publio curator, or of anyone authorised by him in that ,behalf, ~ ~ t~ ; ' 13, shall be a complete discharge to such person. No. 70, s. 9. The public curator shall thereupon hold the said money for the person or persons entitled thereto.

TRUSTEES AND EXECUTORS. s.51. 7087 PART IlI.- 1915. Public Curator Act. TRUSTS AND ESTATES A certificate under the hand and seal of the public GENERALLY. -curator showing the receipt of the said money shall, in any court or proceedings whatsoever, be sufficient evidence ·of the facts therein stated without any further proof. 51~ (1.) In any cause or matter in the court in which Money ~ oney or damages is or are claimed. by or on behalf of an ~ ; ~ ~ e; td Infant or a person of unsound mmd not so found by int? account inquisition suing either alone or in conjunction with other ~ ~ : : : : f or }>arties, no settlement or compromise or acceptance of ~ sound money paid into court, whether before or at or after the r; ~ ~ ~ h trial, shall as regards the claims of any such infant or Rules, O. 22, person of unsound mind be valid without the sanction of r. 15. the public curator, and no money or damages recovered {)r awarded in any such cause or matter in respect of the -claims of any such infant or person of unsound mind, whether by verdict or settlement, compromise, payment into court or otherwise, before or at or after the trial, shall be paid to the next friend of the plaintiff or to the plaintiff's solicitor unless the court so directs. (2.) All money or damages so recovered or awarded shall, unless the court otherwise directs, be paid to the public curator, and shall, subject to any general or special directions of the court, be held and applied by him in :such manner as he thinks fit for the maintenance and education or otherwise for the benefit of such infant or person of unsound mind. (3.) Nothing in this section shall prejudice the lien of a solicitor for costs. The costs of the plaintiff or, if more than one, of all the plaintiffs in any such ca.use or matter or incident to the claims therein or consequent thereon shall be taxed by the taxing master as between party and party and as between solicitor and client; and the t,axing master shall certify the respective amounts of the party and party and solicitor and client's costs, and the difference (if any) and the proportion of such difference (if any) payable respecthTely by any adult party to the c.ause or matter and by or out of the moneys of any party who is an infant or such person of unsound mind; and no costs other than those so certified shall be payable to the solicitor for any plaintiff in the cause or matter. The result of any such taxation shall be notified to the public curator by the taxing master. (4.) The public curator in any case in which he is trustee under this section may at any time and from time

7088 ss. 52,53. TRUSTEES AND EXECUTORS. PART III.- - - - - - - - - - - - - - - - - - - - - - - - - - TRUSTS AND Public Curator Act. 6 GEO. V. No. 14, ESTATES GENERALLY. to time request the court to give him directions as to the- trust or its administration, or to vary directions which have already been given in regard thereto, or to determine any question arising therein; and such directions or determination may be given accordingly. Public 52. The Governor in Council may, by Order in Council : r~ ! ~~ :~y published in the Gazette, authorise and require the public to act under curator to exercise the powers and authorities vested in,. ~ ~ ~ ~ m; unds and to undertake the duties and obligations vested in, the Act. Treasurer under "TheSupreme Court Funds Act of 1895,"* and may, by such Order or any subsequent Order, give such directions as may be necessary to effectuate such object. Thereupon the public curator may and shall exercise all such powers and authorities and discharge and perform all such duties and obligations instead of the Treasurer; and references in the said Act to the Treasurer shall be construed as references to the public curator. General 53. (1.) Subject to this Act, the public curator, when dpouwtieesrs. and acting in any capacity under or for the purposes of this 6 Edw. 7 Act, shall have the same powers, duties, and liabilities, N. g~vs\ ~ i3 and be entitled to the same rights and immunities, as an No. '19: ' individual person acting in the same capacity; and the ~ 'Pil068 provisions of all laws in force relating to any such matters, N~ . i59, 8.'12. so far as the same do not conflict with this Act, shall apply accordingly. Public (2.) He may decline~ either absolutely or except upon d~ ~ ~ ~ : may condit~ons, to accept any ~I' Ust or to ac~ in any capacity trust. to WhICh he may be appomted under thIS Act, but shall not so decline on the ground only of the small value of the trust property concerned. Vesting of estate. (3.) Upon any appointment or other authority of the public curator as a trustee taking effect, all the estate in respect of which he is so appointed or authorised shall, subject to the trusts thereof, by virtue of such appoint- ment and without other assurances in the law, become and be conveyed, assigned, and transferred, so that the same shall thereupon become and be legally and effectually vested in him: Provided that where any portion of the estate is subject to the laws relating to ·mining or to the use and occupation of Crown lands, or to "The Real Property Acts, 1861 to 1887,"t unless the court makes * 59 Vic. No. 7, 8upra, page 3460. t 25 Vic. No. 14 and amending Acts, 8upl'a, pages 2984 et seq.

TRUSTEES AND EXECUTORS. ss. 54, 55. 7mm' 1915. Public Curator A.ct. PART III.- TRUSTS AND ESTATES a vesting order in respect thereof, the necessary and GENERALLY~ appropriate transfers shall be executed and registered so as to transfer such estate to the public curator, and until such transfers are so executed and registered any existing trustees shall not be discharged from the trusts /7 in respect of such portion of the estate : / . ~ . , J~ ' " Provided further that nothing in this subsection shall be construed to prevent any property vesting in any person who for the time being is a co-trustee of the prope .r r ; ty ,( with the public curator. 54. (1.) If any appointment of the public curator'to Heje?tion of any capacity under this Act is > not accE J p • ted by him , o ap f p p o ub m l ~ IC ment: notice thereof shall be sent to such persons as the public curato~ to curator thinks fit. bNe. Zn. o1t9i f0i e8d, . (2.) If any property has become, by virtue of an No. 159,s.47•. appointment which is rejected, vested in the public curator, then by virtue of a rejection as aforesaid such property shall cease to be vested in the public curator, and the public curator may execute and do all such instruments and things as may be necessary to give effect to such rejection. (3.) The evidence of acceptance or rejection of any appointment shall be conclusive if such acceptance or rejection is in writing, signed by the public curator. 55. (1.) Subject to the rules and unless the court I?vestiga- otherwise orders, the condition and accounts of any trust ~ ~ ~: ~ t whatsoever shall, on an application being made to the trust public curator and notice thereof given in the prescribed ~ c~ d~ . t~ . manner by any trustee or beneficiary, be investigated and c. 55, s. 13. audited by the public curator or some person appointed by him: . Provided that (except with the leave of the court) such an investigation or audit, shall not be required within twelve months after any such previous investigation or audit, and that a trustee or beneficiary shall not be appointed under this section to make an investigation or audit.- (2.) The person making the investigation or audit (hereinafter called the auditor) shall have a right of access . to the books, accounts, and vouchers of the trusteeR, and to any securities and documents of title held by them on account of the trust, and may require from them such information and explanation as may be necessary for the performance of his duties, and upon the completion of the investigation and audit sball forward to the applicant

7090 s. 56. TRUSTEES AXD EXECUTORS. PART HI.- - - - - - - - - - - - - - - ---------- TRUSTS AND ESTATES - - - - ---- - PubHc Cttrator Act. -- 6 GEO. Y. No. U, GENERALLY. and t 0 every trustee a copy 0 f t he accounts, together WI' t,h a report thereOI), and a certificate signed by him to the effect that, the accountR exhibit a true view of the state of the affairs of the trust, and that he has had the securities of the trust fund investments produced to and verified by him, or (a.s the case may be) that such accounts are deficient in sHch respects as may be specified in such certificate. (3.) Every beneficiary under the trust shall, subject to the rules, be entitled at all reasonable times to inspect and take copies of the accounts, report, and certificate, and, at his own expense, to be furnished with copies thereof or extracts therefrom. (4.) If any auditor is removed, or resigns, or dies, or becomes insolvent or incapable of acting before the investi- gation and audit is completed, a new auditor may be appointed in his place in like manner as the original auditor. (5.) The remuneration of the auditor and the other expenses of the investigation and audit shall be such as may be prescribed by the regulations, and shall, unless the public curator otherwise directs, be borne by the trust or estate; and, in the event of the public curator so directing, he may order that such expenses be borne by the applicant or by the trustees personally or partly by them and partly by the applicant. (6.) If any person having the custody of any docu- ments to which the auditor has a right of access under this section fails or refuses to allow him to have access thereto or in any wise obstructs the investigation or audit, the auditor may apply to the court, and thereupon the court shall make such order as it thinks just. (7.) If any person in any statement of accounts, report, or certificate required for the purposes of this section wilfully makes a statement false in any material particular, he shall be liable to imprisonment for any period not exceeding six months, and to a penalty not exceeding fifty pounds in lieu of or in addition to such imprisonment. " P\ Juubrlaitcor 56. (1.) Where any mortgagee of property is absent. may give from Queensland, and, so far as the mortgagor 'is aware, dceisrcthaianrge in there is no person in Queensland authorised to give a cases. discharge of the mortgage debt at or after the time ~ .\ ~ 908, appointed for the redemption of the mortgage, the public ,s.oi17.' curator, on tender to him of the mortgage debt, and on No.152,s.75. proof to his satisfaotion that the amount tendered is the

TRUS'l'EES AND EXECUTORS. s.57. 70H 1915. Public Curator Act. PART 111.- TRUSTS AND ESTATES whole amount due under the mortgage, may receive the GENERALLY. same in trust for the mortgagee or other . person entitled thereto and on receipt thereof shall sign 'a memorandum of discharge of the mortgage debt in the prescribed form, and such memorandum of discharge shall operate a.s if the same had been signed by the mortgagee himself. (2.) In the case of land, upon presentation of such memorandum, the proper registrar of titles shall make an entry in the register discharging such mortgage, stating· the day and hour o~ which such entry is made. Such entry shall be a. valid discharge for such mortgage, and shall have the same force and effect as is hereinbefore given to a like entry when made upon produc- tion of the mortgage with the receipt of the mortgagee. Such . registrar of titles shall also indorse on the grant, certificate of title, or other instrument as aforesaid, and also on the memorandum of mortgage, whenever those instruments are brought to him for that purpose, the several particulars hereinbefore directed to be indorsed upon each of such instruments respectively. (3.) In other cases, such memorandum of discharge when registered shall, for the protection of any 'person dealing with the mortgagor in good faith and for value, be conclusive proof of the happening of all conditions necessary to entitle the public curator to receive the mortgage debt and to sign such memorandum, and shall be a valid discharge for such mortgage. (4.) The production of the public curator's receipt for the mortgage-moneys shall be sufficient authority to the person in possession of the instruments of title to the mortgaged property ~ o deliver the same to the mortgagor. (5.) The court may, in a summary way, .order any person in possession of the instruments of title to the mortgaged property to deliver them to the mortgagor on production of the public curator's receipt for the mortgage- mone.vs, and on navment of all proper charges, if any. r(. -.:: . ("I t, ..("" t.Ir< 57. (1.) Any person may deposit any trust instru- D~posit of ment and any testator may deposit his will in the ~ is, 1~ g8 public curator's office for safe custody. N~ . \ 59, ' After the death of the testator, the public curator ~ · 9ttNo. ]9, shall deliver the will to such person as the testator. may~ ' !9.] 914 have directed in writing, or, in the absence of such direc- No:ll74,' tion, to such, person as the public curator thinks entitled s. 2]. thereto.

7118 ss. 102, 103. TRUSTEES AND EXECUTORS. PARTV.- UNCLAIMED PROPERTY. DIVISION 2.- OTHER PROPERTY. Public Curator Act. 6 GEO. V. :;''\0. H. (b) To bring any action or other proceeding relating to the propert.y, and to defend, confess, or submit to judgment in any or all actions, claims, demands, and proceedings touching the property; (c) To sell the property or any part thereof; (d) To lease the property or any part t.hereof for a term not exceeding twenty-one years; (e) To receive, sue for, and recover any moneys owing t.o the owner; (f) To insure any buildings or goods against loss by fire; (g) To pay rates, taxes, and other outgoings payable in respect of the property; (h) To pay, out of moneys received by him in the exercise of any of the foregoing powers, any debts owing by the mvner; (i) To apply moneys received by him in the e~ {ercise of any of the foregoing powers in the maintenance of the wife, husband, or children of the owner ; (j) To execute in his own name and on behalf of the owner all deeds and other instruments which may be neoessary for any of the purposes aforesaid; (k) To complete and carry out in such manner as he thinks fit any valid subsist.ing contract affecting the property, or discharge any obligation attaching thereto at the time such property comes under his jurisdiction. Expenses of 102. All expenses incurred by the public curator in ~:: ; ! ~ r. the execution of the powers conferred on him by this N.Z.1908, Division shall be a charge upon the property, and shail bear No. 159,s. 88. interest at the rate of six pounds per centum per annum, and such charge shall come next in priority to any mortgage or charge to which the property is subject when he takes possession of the same. Public CUlator . . ~ 03. On taking possession of any property under this to advertise DIVISIOn, the public curator shall publish in the Gazette, innotteincetioonf and in some newspaper circulating in the district in which to act. the. property is situated, a notice of his intention to lb. s. 89. exercise the powers conferred on him by virtue of this Division.

TRUSTEES AND EXECUTORS. ss. 104..108. 7119 1915. Public Curator Act. PARTV.- UNCLAIMED PROPERTY. DIVISION 2.- 104. All moneys received by the public curator in the OTHER exerCI . se 0 f t 1 le powers co nf erre d on h l ' m b y t h I ' S D l ' VI . Sl . OnMo P n R e O y PE s R t T o Y. be shall, after payment thereout of all moneys authorised held in trust to be expended by him and all prescribed fees and ~ ~z~ 'I~ g~ : expenses, be held by him in trust for the owner of the No. 159,s. 90. property. He shall place the same to the credit of the Unclaimed Moneys Fund. 105. In respect of any lease, sale, or other disposition PoW~ I'S of of the property made by the public curator in pur- publ~o suance of this Division" the public curator shall have the : ~ ~ ~ ~ : le or same powers as if he were the owner of the property, i~ ase. 91 and all deeds and other documents executed by him in . s. . pursuance of this Division shall be registered and have effect in all respects as if executed by the owner of the property. 106. The owner of any property in respect of which Rescission of aI . nntyereosrtde I . I r I h t a ~ l l s e bpereonpesortymaodrem, . orananyy ppaerrtsotnhehraevoi f n, g m an a y y or oa d pf ~ po ~ lw O lO n na t e ' rI, on &0. at any time after the making of the order, on notice to lb. s. 92. the public curator, make application to the court to rescind the order,. and the same may thereupon be rescinded accordingly on such terms as the court thinks fit. But no such rescission shall affect any charge acquired by the public curator under this Division, or the validity of any act or thing done by the public curator during the continuance of the order and in pursuance thereof. ]07. No order made under this Division, and nothing Order not done ill pursuance of any such order, shall be or becomea~ e~ ~ d br invalill or inoperative merely because it has been made f: ~ . eo or done under a mistake of fact, or because the owner of lb. s. 93. the property is dead at the time when the order is made or has died since the making thereof, or because of any disposition of the property made by the owner thereof during the subsistence of the order. DIVISION 3.-. MONEY. DIVISION 3.- MONEY. 108. In this Division the following terms have the~ terpreta. meanings Bot against them respectively, that is to say : - ~~ ~ No. 2051,s. 2. "Culllpany"-Every company which, having for Company. its object the acquisition of gain- (a) Is registered or incorporated in Queensland under any Act having the force of law in Queensland relating to companies; or

7120 s. 109. TRUSTEES AND EXECUTORS. PARTV.- UNCLAIMED PROPERTY. DIVISION 3.- MONEY. Public Curator Act. 6 GEO. V. No. 14., (b) Carries on business in Queensland, but is. registered or incorporated elsewhere than in Queensland : The term includes- (i.) Every banking or life assurance company or- association, howsoever or wheresoever regis. tered or incorporated, carrying on business inc Queensland; and (ii.) The liquidator of any company; and (iii.) A receiver; and (iv.) A building society under "The Buildin{f Societies Act of 1886 "*; and (v.) Persons or firms carrying on business as traders within Queensland and acting as agents or private bankers for individuals or companies; and (vi.) Queensland Trustees Limited; and the Union Trustee Company of Australia Limited. The term does not include the Government Savings Bank: Owner. Unclaimed moneys. "Owner"-The person entitled to any unclaimed moneys: the term includes his executors,. administrators, or assigns, or his or their- lawfu1 attorney or agent in Queensland; "Unclaimed moneys "-.AlI principal and interest moneys and an unforfeited dividends, bonuses 7 profits, and sums of money whatsoever which- (a) At any time after the first day of January~ one thousand nine hundred and ten, have- become legally payable by a comp~ ny to the- owner, or which, at any time after the- commencement of this Act, become so pay- able by a company to the owner; and (b) Have been in the possession of such company for six years or upwards. Six years' unclaimed fuud in hands of public curator. ·41 Vie. No. 24, ss. 42 to 44. 109. In the first week of January in every year, all unclaimed sums of money which on the first day of that month have been in the hands of the public curator to the credit of any trust or estate under administration by him for the term of the six years next preceding, and all interest accrued in respect thereof, shall be placed to the credit of the Unclaimed Moneys Fund. * 50 Vie. No. 34, supra, page 3192.

TRUSTEES AND EXECUTORS. s. 110. 7121 1915. Public Curator Act. PARTV.- UNCLAIMED PROPERTY. DIVISION 3.- 110. (1.) Every company, before the fourteenth day ~ONEY •._ of J anuary m. every year, sh a11 mak_e en t ry 0 f a11 Runecgllasitmered 01 unclaimed moneys, in a register to be kept by such corn-moneys. pE!.lly at its head or principal office in Queensland, in the ¥;5ro. prescribed form and with the prescribed particulars therein ss. 3 'to 8, 12. specified. From and after the fifteenth day of January in each year, such register shall, on payment of a fee of one . shilling, be open to the inspection of all persons at such head or principal office during the hours within which the company transacts its ordinary business. A copy of every such register shall be advertised by Copy to be the company in the Gazette annually during the month of gazetted. January. Any company which fails to keep such register or to Penalty. advertise such copy, or which refuses inspection thereof, shall be liable to a penalty not exceeding two pounds for every day during which such default or refusal continues. (2.) All unclaimed moneys which have not been paid Unclaimed by the company .to ~ he owner the~ eo~ within one year : o~ : r~ ~ ~ after the first publIcatIOn of such notIce m the Gazette shall Unclaimed be paid by the company to the public curator, and by W~ ~ ~ : s him placed to the credit of the Unclaimed Moneys Fund. The company may deduct out of all unclaimed moneys Company payable by the company to the public curator the :7uct expenses paid by the company in the advertising of the expenses, . notice hereinbefOl'e provided. Any company which fails to pay any unclaimed Penalty. moneys to the public curator as herein required shall be liable to a penalty not exceeding two pounds for every day during which such default continues. ::m (3.) Any right of the owner to recover such moneysEffec~ of which exists at the time of such entering or advertising as ng aforesaid shall not be prejudiced or affected by such advertising-. entering or advertising, and such right may be enforced by such owner at any time before such moneys are paid to the public curator, but not afterwards, any law to the contrary notwithstanding: Provided that in such case the company shall be entitled to deduct from the amount payable to the owner such part of the expenses paid by the company in advertising the notice herein- before provided as the amount claimed bears to the total amount to which the notice relates.

'7122 ss. 111-113. TRUSTEES AND EXECUTORS. UPPNRACORLPAETIRMVTEY. - D. llIVIBION 3.- MONEY, Public Curator Act. 6 GEO. Y. No. 14, (4.) The public curator may, at any time after the Publtic advertising of any notice as aforesaid, examine any of the ecxuaramionremay accounts relat'mg to t he unIc a'imed moneys m . such not'ICe .::ccounts, referred to, and may for that purpose require the produa- c. tion before him, or before such public officer as he may appoint, of any books, vouchers, or documents referring to such moneys. If any error is found in any register or notice afore· said, he may direct the register or notice, or·both of them, to be amended at the expense of the company. Public curator may pay ·olaiman1i. Va. No. 2051, ~ s. 9, 10. Ill. (1.) If a claimant makes a demand upon the public curator for any money in the Unclaimed Moneys Fund, the public curator, upon being satisfied that the claimant is the owner of the money demanded by him, may, with the approval of the Minister, pay the same to him out of the Unclaimed Moneys Fund. Subsequent (2.) If any such moneys paid to a claimant are after- -claims. wards claimed by any other person, the public curator shall not be responsible for the payment of the same, but such person may have recourse against the claimant to whom the public curator has paid the moneys. PCAiR} ETNE V RA l L . . - PART Vr.-GENERAL. ;:;li! Service of 112. When the court, except upon the application on of the public curator, makes any order having any ·curator. relation to the public curator or under this Act, it shall NNo.S..W19. , B 1 . 9513, b1e t.h.e duty of the p.erson who obtains such order N.Z.1908, forthWith thereafter to serve upon the public curator a No.159,s.53. copy thereof, and to deliver to the public curator a state- . ment of the property affected by the order and where such property is situated or by whom held, so far as the same is known to such person, and such other information as the public curator reasonably requires; and in default thereof such person shall, unless he proves that such default was due to accident or was unavoidable, be liable to a penalty not exceeding ten pounds. <Jertificate 113. (1.) A certificate under the hand of the public of public curator and sealed with his seal, certifying the nature of : : ~ ! ~ ~ . his appointment or authority in relation to any trust or N.S.W.1913, estate in course of administration, and any facts on the ~~ z.li9~ 8,50. happening of which such appointment or authority was No. 159, made or granted, shall be accepted by all courts, officers, No~ 11~ , ! . 9~ ~ : and oth~ r pers?ns, whether acting under an! Act or not, as suffiCIent eVidence of all the facts therem set forth, without production of any other proof whatever.

1915. TRUSTEES AND EXECUTORS. s. 114. 7123 PART VI.- GENERAL. (2.) Such certificate shall be sufficient for the purpose of bringing any land under "The Real Property Acts, 1861 to 1887,"* or of registering the public curat<?r as proprietor of any estate or interest in any land under those Acts, or of any shares, stock, or property in any company, body, or association; and if any land is subject to the last-mentioned Acts, such certificate may be registered against such land as in the case of probate or letters of administration, ttnd shall have the same force and effect. Such certificate shall he equivalent for registration purposes to the probate or order to administer with the will annexed, and it shall not be necessary to register the prohate, order, or will. (3.) A recital of the purport of any will contained in allY assurance or instrument under the hand and seal of the public curator shall he sufficjent evidence thereof, and no one shall be concerned to inquire beyond such recit,:;.!. 114. (1.) The Governor in Council may from time Regulations. to time make regulations with respect to all or any of the ~~~.~: ! . 9~ ~ ~ following matters, namely:- N.Z.1908, ( a ) The conduct 0 f t he busm· ess 0 f t he publ l ' C No.159,s.tl2. curator's office; (b) Determining the powers and duties of the officers, servants, and persons employed therein; (c) The custody of all property placed therein, and the trust instruments and instruments of title relating thereto; the establishment and regula- tion of a public safe deposit ; (d) The receipt and payment of moneys under this Act; (e) Keeping, rendering, and auditing accounts under this Act; (I) The transfer to and from the public curator of any property; (g) The forms of mortgages, leases, certificates, and other official instruments and documents to be used in the conduct of the business of the public curator; (h) Fixing scales of fees and other charges to be made by the public curator under this Act; * 25 Vie. No. 14 and amending Acts, supra, pages 2984 et seq.

7124 PART VI.- GENERAL. s. 114. TRUSTEES AND EXECUTORS. Pu"6lic Curator Act. 6 GEO. V. No. 14, Rules or court. (i) Specifying the matt,ers or services for which charges may be Hlade by the public curator or in respect of which remuneration shall be payable to him, and fixing, by scale or other- wise, the amounts thereof, or emp01vering the public curator so to do ; (j) Fixing, by scale or otherwise, the professional fees and charges payable in respect of pro- fessional services rendered to the public curator or under his instructions by the office solicitor or counsel, or by outside counsel or solicitors, or empowering the public curator so to do; the employment of counsel or solicitors in such office, and their privileges and duties; (k) The provision of legal aid in any legal proceed- ings by or against poor persons, accused persons, and others; (l) Any other matter which by this Act is expressed to be prescribed, or any matter, object, or purpose which he thinks necessary for giving full effect to this Act or the administration of the public' curator's office. (2.) The court may from time to time, in manner provided by the Judicature Act, make all such rules of court as appear to be necessary or proper with respect to applications, orders, and matters, and otherwise for regulating practice and procedure and costs so as to give full effect to this Act. (3.) All such regulations and rules shall upon publica- tion in the Gazette be read as one with this Act and be or equal validity. All such regulations and ru]es shall be laid before both Houses of Parliament within fourteen days after the making thereof if Parliament is then sitting, or, if Parliament is not then sitting, within fourteen days after the commencement of the next session of Parliament. If either House of Parliament, by resolution passed within one month after such regulations or rules have been laid before such House, resolves that the whole or any part of such regulations or rules ought not to con- tinue in force, in such case the whole or such part thereof as is so included in such resolution shall from and after such resolution cease to be binding, but without prejudice to the validity of anything previously done thereunder.

1915. TRUSTEES AND EXECUTORS. Public Curator Act. ss. 115-117. 7125 PARTVI.- GENERAL. 115. Where under this Act notice is required to be Service of given by the public curator, or any officer, servant, or ~ ~ ~ ~ ~ s by person acting under or bona fide assuming to a,ct under curator. this Act, it shall be sufficient if such notice is sent by ~ ~ : · 1~ ~ ~ : " 59. registered letter addressed to the person to whom such notice is to be given at his then kno'wn or then last known place of abode or business. 116. Save as by this Act is otherwise provided, all Recov~ ryof -offences against and penalties incurred under this Act penaltles. -shall be prosecuted and recoverable in a summary way under" The J~ tstices Acts, 1886 to 1909 "*; all penalties when reoovered shall be paid to the public curator. • the C 1 r 1 o 7 w . nNaostthoinigts ipnrotpheisrtyAocrt rsihgahltls. prejudicially affect ~ S ~ a ~ v ' i : n . g of N.Z. 1908, No. 159. SOHEDULE. [See s. 3.J Number of Act. Title of Act. Extent of Amendment or Repeal. - - - I~ - - - - - - - - ­ 7 Vic. No. 16t I The Registration of 1 S. 31 is repealed. Deeds Act of 1843 25 Vic. No. 14t \ Real Property Act of . S. 64 is repealed. 1861 27 Vic. No. 4§ Th? Companies Act In s. 56, for the words " Go- 1863 vernor with the advice of the Executive Oouncil," the words" public curator appointed under ' The Public Curator Act of 1915,' " and for the words "Governor in Oouncil," the words "public cura- tor" are respectively sub- stituted. In s. 57, for the words "Go- vernor and Executive Oouncil" and for the words" Governor in Ooun- cil," the words "public curator" are respectively substituted. * 50 Vie. No. 17 and amending Acts, 8upra, pages 1132 et 8eq. t Supra, page 2968. t Supra, page 2984. §:Su,pra, page 186.

7126 Number of Act. TRUSTEES AND EXECUTORS. Public CttTator .Act. 6 GEO. V. No. 14, SCHEDULE-continued. Title of Act. Extent of Amendment or Repeal. In s. 59, for the words" Go- vernor in Council " where- those words twice occur,. and for the words" Gover- nor by the advice of the- Execu'tiveCouncil," andfol" the words "Home Secre- tary," the words" public- curator" are respectively substituted. , In s. 60, for the words" Go- vernor with the advice of the Executive Council" and the words " Governor in Council," the words " public curator" are res- I I S. pIeIcItiivserleypseuablesdti.tuted. 31 Vic. No. 9* Probate Act of 1867 S. 2 is repealed. 31 Vie. No. 19t Trustees and Incapaci- SS. 21, 22, 23, and 24 are tated Persons Act of repealed. 1867 38 Vic. No. 5t The Insolvency Act of SS. 78, 79, and 81 are re- 1874 pealed. In s. 80, for the word "Every" substitute the word" The." In s. 83, for the words" some one of the official trustees or if there be but one shall appoint such one" substi- tute the words" the public curator." 41 Vic. No. 24 § The Intestacy Act of In s. 1 the definition of 1877 " Curator" is repealed, and in the definition of " Administrator" the words" Curator or other" are repealed. SS. 2 to J.l are repealed. In ss. 12 and 14, for the word " Curator" wherever it occurs substitute the words " Public Curator." • * Supra, page 3384. t Supra, page 3497. t Supra, page 1041. § Supra, page 33i'2.

1915. TRUSTEES AND EXECUTORS. Public Curator Act. 7127 SCHEDULE-,-continued. Number of Act. Title of Act. I Extent of Amendment or RepclJ,J. ----------1 In s. 13 the words" Ourator or other" are repealed. I In s. 16 the words" the Oura- . tor and" are repealed. SS. 17 to 21 are repealed. In s. 24 the words" the Cura- tor or " and " or order to administer" are repealed. In s. 25 the words "to the Ourator or" are repealed. SS, 31 to 46 are repealed. In ss. 47 and 49 the words "the Ourator or" wherever they occur are repealed. S. 50 is repealed. SS. 51,52,53, and 56, and the Schedule, are repealed. 4.8 Vie. No. 8* The Insanity Act ot 1884 In the definition of "The Ourator" in section 4, for the words" The Curatorin Insanity" substitute the words" The Public Curator appointed under ' The Public Ourator Act 0/ 1915.' " The first paragraph of s. 88 is repealed. In s. 124 the words "The Ourator shall give such security for the due per- formance of his duties as the Governor in Oouncil requires" are repealed. S. 155 is repealed. 49 Vie. No. 8t The Oharitable Institu- Inthe definition of "Ourator" tions ~ Management Act in s. 1, for the words" The ot 1885 Ourator in Insanity ap- pointed under' The I nsan- ity Act 0/ 1884' " substi- tute the words" The Pub- lic Ourator appointed under' The PublicOurator Act 0/1915.' " 52 Vic.t •• The Queensland Trus- SS. 24, 25, and 26 are tees Limited Act, 1888 repealed. * Supra, page 1003. t Supra, page 1096. t Supra, page 3900. z

7128 TRUSTEES AND EXECUTORS. Public Curator Act. 6 GEO. V. No. 14, 1915. Number of Act. SCHEDULE-continued. Title of Act. Extent of Amendment or Repeal. 54 Vic.* The Un'ion Trustee SS. 28, 29, and 30 are Company of Australia repealed. Limited Act 56 Vic. No.24t The Companies ( Wind· In s. 2 the definitions of ing-up) Act of 1892 "District Receiver" and " Official Trustee" are re- pealed. In s. 3, for the words "an Official Trustee or District Receiver," the words" the public curator appointed under ' The Public Curator Act of 1915'" are sub- stituted. In s. 4, for the words " some one of the official trus- tees," the words " the public curator" are sub- stituted. In s. 14, for the words "Official Trustee," the words "public curator" are substituted In s. 18, for the words " the Official Trustee originally a ppointed as Official Liqui- dator, or his successor in the office of Official Trus- I tee," the words "public I curator" are substituted. 57 Vic. No. 15t The Insolvency, Intes- The whole Act is repealed. tacy. and Insanity Ad- . ministration Act of i 1893 I 61 Vic. No. 10 § The Trustees and Exe- , In s. 12, for all words from cutors Act of 1897 and including "his per- sonal representative" to 62 Vic; No. 4[[ I "any," the words" the I public curator" are substi- tuted. The Intestacy and In-/ The whole Act is repealed. sanity(LocalAdminis- i tration) Act of 1898 I I I '" Supra, page 3913. t:Supra, page 258. t Supra, page 1091. § Supra, page 3507. II Supra. page 3383.