Public Curator Acts Amendment Act of 1943 (7 Geo Vi No. 21) (Qld)

136 SUCCESSION-TRUSTEES AND EXECUTORS. PART 111.- A~ IENDMENTS OV"THE PUBIIO CURATOR ACTS, 1915 TO 1942." Public Curator Acts Amendment Ac.t. 7 Gm. VI. No. 21, (b) The words" five hundred" are repealed and the words " one thousand " are inserted in lieu thereof. o A f pPpalircta I ti T o I n . by th 1 i 4 s . PTahret pshroavlliseioxncsepotf twhheePrerinocthipearwl Aiscet parsoavmideenddeind section six of this Act apply and extend in respect of the estate of an inoostate person dying after the passing of this Act. . TRUSTEES AND EXECUTORS. 7 N GB o O . . 21 V . I. An Act to Amend " The Public Curator Acts, 1915 TBB PUBLIC CURATOR to 1942" in certain particulars. ACTS A~mNDME, T ACT OF [ASSENTED TO 23RD SEPTEMBER, 1943.] 1943. B E it enacted by the King's Most Excellent Majesty, by and with the advice and consent of the Legis- lative Assembly of Queensland in Parliament assembled, and by the authority of the same, as follows :- Short title 1. (1.) This Act may be cited as "The Public : : : ' ~ trur:tiGl" Curator Act8 Amendment Act of 1943," and shall be read as one with *" The Public Curator Acts, 1915 to 1942," herein referred to as the Principal Act; tCitolell. ective be ci(t2e. ) d Tashe" P T r h in e ci P p u a b l l A ic c C t a ur n a d to t r hi A s c A ts c , t1m91a5y to co 1 ll 9 e 4 c 3 ti ." vely Amendments of the Principal Act. o[ APfmu s b . el 2 nic 1 d A m . ent sectio 2 n . 2 (1 1 . A ) oTfhethefolPloriwnicnigpalneAwct, suabssfeocltlioowns i:s-added to Curator Investment Board.] aoEdfxvceaemnrtcpaetiisnon taine " d (7 in .) thNisotswecitthiosnta, ntdhiengproavniystihoninsgofhperaeriangbreafpohre( i. c)ono- f n ajr o nwd m estthmeents sfoulblosewcitnigonmfaotuterrso, fnathmiselyse:c-tion shall not apply to the operation of par. (i.) of (i.) Any advance made or to be made by the Public sthuibssesce. ct 4 ioonf. tCwuernattyo- rounnedeorf atnhdis pAurcstuafrnotmto mthoenepyrsovsitsaionndsinogf steocttihone * 6 G. 5 No. 14, 15 G. 5 No. 3,17 G. 5 No. 26, 2 G. 6 No. 1, and 6 G. 6 No. 16. See v. 9, pp. 627 et 8eq.; 1938 Sess. v., p. 16952; 1942 Sess. v., p.301.

1943. TRUSTEES AND EXECUTORS. Public, Curator Acts Amendment Act. credit of the Common Fund in respect of any trust or estate in course of administration or about to be adminis- tered by him. (ii.) Any investment from time to time made by the Public Curator- (a) Under a power of attorney in which he is specifically directed by the principal there- under to make such particular investment; (b) Under any instrument declaring or creating a trust (including without limiting its meaning, any will or other testamentary document) and appointing the Public Curator as Trustee whereby the Public Curator is directed, authorised, and empowered by the creator of the trust concerned to make the particular investment specified in the instrument of trust concerned ; (c) In the purchase of debentures issued by a Crown corporation, or State instrumentality which corporation or instrumentality is specially authorised to issue such debentures by the Act constituting such corporation or instrumentality; (d) At the request of the beneficiaries who are sui juris in estates in course of administration or about to be administered by the Public Curator, of such portion of the estate con- cerned and approved by the beneficiaries in the purchase of shares in a company additional to the shares already held in such company on behalf of the estate concerned and where on a reconstruction thereof by increase of capital or otherwise, the share- holders therein are offered an option to take up additional shares; (e) Of portion of the Unclaimed Moneys Fund as and when directed by the Governor in Council so to invest same under and in accordance with the provisions of section twenty-four of this Act." 137

138 TRUSTEES AND EXECUTORS. Public. Curatol' Acts Amendment Act. 7 GEO. VI. No. 21, Retro- spective operation of section. (2.) The amendments made in the Principal Act by this section shall take effect on and from the date of the passing of *" The Public Curator Acts Amendment Act of 1942," and to that extent this Act shall have retrospective operation and effect, accordingly. When Public 3 A new section 78A is inserted after section CreuqruaitroerpmroaoyfSeVenty· -e·lght· 0 f the Pn' nCI.pa 1 A c, t as e ~ o 11 ows;- of will to be in solemn "(78A.) Notwithstanding any Act or law or rule or form. practice of law to the contrary- (i.) The Public Curator may, if he considers that it is just and reasonable so to do, require that the will of a deceased person shall be proved in solemn form of law. Such requirement shall be made by caveat as provided by Rules of Court. (ii.) When a grant has been made of probate or of administration with the will, the Public Curator may, if he considers that it is just and reasonable so to do, apply to the Court or a Judge upon notice to the executor or administrator for an order directing the executor or administrator to bring the grant into the registry. When such order is made, the executor or administrator shall bring in the grant accordingly, and shall forthwith commence an action for probate of the will in solemn form. (iii.) The costs occasioned by any such action on the part of the Public Curator pursuant to paragraphs (i.) and (ii.) of this section shall be in the discretion of the Court or a Judge. (iv.) The Public Curator shall be and be deemed to be a person interested and/or as having interest sufficient to entitle him to lodge a caveat as provided in paragraph (i.) and to make the application as provided in paragraph (ii.) of this section, and the Rules of Court shall apply and extend accordingly. * 6 G. 6 No. 16. Boo 1942 Sess. v., p. 301.

1943. 'rRUSTEES AND EXECUTORS. Public, Curator Acts Arnendrnent Act. 139' (v.) The provisions of this section shall be in addition to and without derogation from.-. (a) The powers and authorities of the Public Curator and (b) The powers, authorities and jurisdiction of the Court, existing at the passing of*" The Public Curator Acts Amendment Act of 1943." " 4. A new section, 107 A, is inserted after section New s. 107,,-. one hundred and seven of the Principal Act, as follows : - " [107 A.] (1.) The governing body of any hospital U nclaime? which has in its hands or possession or under its h: ~ ~ r~ ~n control any property (including money and securities for hospital. money) to which some person, whether ascertained or not, is entitled, and which property has remained unclaimed for a period of three months or over (whether such period is wholly before, or partly before and partly after, or wholly after the passing of *" The Public Curator Acts Amendment Act of 1943") shall hand over such property to the Public Curator, whose receipt shall be a sufficient acknowledgment and discharge to the governing body of the hospital concerned therefor. Such governing body shall give or cause to be given to the Public Curator all information within its knowledge or within the knowledge of its officers as to the former owner (whether alive or dead) of such property, the circumstances and conditions under which the property came into its hands, possession, or control, and the names and addresses of any persons who may be entitled to such property at the time of handing over the same. The Public Curator shall thereupon be deemed to have received such property under and pursuant to an order of the court as provided in section one hundred and one of this Act, and shall have and may exercise, in respect of such property, all or any of the powers and authorities vested in him pursuant to the provisions of paragraphs (a), (b), (c), and (h) to (k) inclusive of the said section one hundred and one. * This Act.

140 TRrSTEES AND EXECUTORS. Public Cuwtor Acts Amendment Act. 7 GEO. VI. No. 21, 1943. . (2.) The provisions of sections one hundred and two to one hundred and seven of this Act shall, so far as the same are applicable, apply and extend and have effect in respect of the Public Curator and the .property concerned. (3.) For the purposes of this section the term " Governing body of a hospital" shall mean a Hospital Board and/or Committee within the meaning of *" The Hospitals Act of 1936" and a licensee of a Private Hospital within the meaning of t" The Health Acts, 1937 to 1941 " ". * 1 G. 6 No. 4. See v. 3, p. I05Q. t 1 G. 6 No. 31. See v. 3, pp. 891 et seq. UNDEVELOPED LAND TAX. See LAND TAX. WAR-ART UNIONS. See GAMING. WAR-VOTING OF FORCES, ETC. See ELECTIONS. WAR-FINANCIAL ADJUSTMENT (SOMERSET DAM). See PART H.-LoCAL AND PERSONAL ACTS-INDUSTRY. WATER RESOURCES. See LAND. WORKERS COMPENSATION. See LABOUR. WORKERS HOMES (INTEREST REDUCTION) See BANKING.