Public Curator Acts Amendment Act of 1956 (5 Eliz Ii No. 15) (Qld)

302 TRAFFIC—TRUSTEES AND EXECUTORS. P art III.— AMENDMENTS op “T he L ocal Public Curator Acts Amendment Act. 5 E liz . II. No. 15, G overnment A cts , 1936 to 1956.” 9. Subsection four of section 49 e of the Principal oAfms. en 4 d 9 e m . ent Act is amended by inserting, after paragraph (c) thereof, the following new paragraph, namely :— “; and (d) Any preliminary inquiry, investigation, inspection, survey or other work whatsoever in connection with the provision and installation of metered zones, metered spaces, parking meters and the official traffic signs referred to in paragraph (c) hereof carried on, performed, or undertaken or caused to be carried on, performed, or undertaken, by the Commissioner of Police with the consent of the Local Authority,”. TRUSTEES AND EXECUTORS. (1) Public Curator Acts Amendment Act of 1956 5 Eliz. II. No. 15 (2) Public Curator Acts Amendment Act of 1957 6 Eliz. II. No. 2 5No.Izi 5 n' An Act to Amend “The Public Curator Acts, 1915 €CRATOR7BACT8 A mendment A ct op 1956 to 1954,” in certain particulars. [A ssented to 19 th N ovember , 1956.] E it enacted by the Queen’s Most Excellent Majesty, B 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 Curator Acts Amendment Act of 1956.” Principal (2.) *“ The Public Curator Acts, 1915 to 1954,” are Act• in this Act referred to as the Principal Act. Collective (3.) The Principal Act and this Act may be tltle‘ collectively cited as “ The Pvhlic Curator Acts, 1915 to 1956.” 6 G. 5 No. 14 and amending Acts.

TRUSTEES AND EXECUTORS. 303 1956. Public Curator Acts Amendment Act. 2. Subsection two of section six of the Principal Amendment Act is repealed and, in lieu of that repealed subsection,0 s‘ ’ the following subsection is inserted, namely :— “ (2.) (a) The Governor in Council may establish— (i.) At Rockhampton, within the Central District as defined by *“ The Central and Northern Districts Boundaries Act of 1900 ” ; (ii.) At Townsville within the Northern District, as defined by the aforementioned Act: and (iii.) At such other place or places (and either within or without the aforesaid Districts or either of them) as he, from time to time, deems fit, branches of the public curator’s office. (b) The Governor in Council shall appoint local deputy public curators at Rockhampton, at Townsville, and at any other place or places whereat there is established as aforesaid a branch of the public curator’s office, and— (i.) The Minister may from time to time define the locality wherein the local deputy public curator appointed at a place other than Rockhampton or Townsville shall conduct the business of the public curator; and (ii.) Excepting any locality or localities therein mentioned in subparagraph (i.) of this paragraph, the local deputy public curators at Rockhampton and Townsville shall conduct the business of the public curator in the aforementioned Central District and Northern District respectively.” 3. Section eighteen of the Principal Act is repealed Repeal of and, in lieu of that repealed section, the following section is inserted, namely :— “ [25.] (1.) Subject to this Act, all moneys, however Common arising, vested in the public curator, whether directed to ifnuvnedstamndent be invested or not, shall become one common fund of moneys (herein called “ the common fund ”) and shall be invested tthheerreeionuta.nd by him. N.Z. 1908, No. 159, ss. Subject to this Act, interest earned by such 32, 33. investments shall be paid into the common fund. N.S.W. 1913, No. 19, s. 36. English * 64 V. No. 2. Rules 17.

304 TRUSTEES AND EXECUTORS. Public Curator Acts Amendment Act. 5 E liz . II. No. 15, (2.) The public curator may make investments from the common fund in any of the investments in which, under Trustees and Executors Acts, 1897 to 1924,” 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. Investments made by virtue of this subsection shall not be made on account of or belong to any particular trust or estate. (3.) In every case in which the public curator becomes trustee of a trust which has been created by or is subject to the provisions of a trust instrument then, if so authorised by that trust instrument, the public curator may invest moneys belonging to that trust coming into his hands in any investment authorised by such trust instrument, and may retain any investment existing when the trust becomes vested in him in the form in which it then is, and may also re-invest the proceeds from any such investment from time to time in a similar investment. (4.) The public curator may also invest, from moneys held by him belonging to any mentally sick person as defined by The Mental Hygiene Act of 1938” (and shall be deemed to be thereunto authorised by that Act accordingly), or to any protected person or convict under the provisions of this Act, such sum or sums as he in his absolute discretion shall think fit, in any stock, debentures or securities in which trustees are authorised by law to invest trust funds. (5.) Any investments made or retained in accordance with the provisions of subsections three and four of this section shall be made on account of and shall belong to the particular trust or estate to which the moneys represented by such investments belong and the interest earned by any such investments shall belong to and shall be credited to such trust or estate as the case may be. (6.) Moneys invested in accordance with the provisions of subsection four hereof, and moneys expressly directed to be invested otherwise than as mentioned in subsection two hereof, shall not form part of the common fund, and any loss or deficiency in respect of* * 61 V. No. 10 and amending Acts, t 2 G. 6 No. 21.

1956. TRUSTEES AND EXECUTORS. Public Curator Acts Amendment Act. 305 any investments of such moneys, or of the moneys received therefrom or realised thereby, shall be borne by the trust or estate to which or the mentally sick person, protected person, or convict to whom such moneys belong or, if received or realised, would belong. (7.) 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 on the first day of July in each year.” 4-. The marginal note to section 39 a of the Principal Amendment Act is amended by repealing therein the words “ twenty- of s‘ 39a‘ five pounds ” and inserting, in lieu of those repealed words, the words “ fifty pounds ”. 5. Subsection one of section 85 b of the Principal Amendment Act is amended by— ofs‘ 85b(1)‘ (a) Repealing the words and punctuation mark “ in or to the effect of the form hereunder set forth :—” and inserting in lieu thereof the words “ in respect of that person ” and a full stop ; and (6) By repealing the form referred to therein and set forth thereunder. 6. Section eighty-seven of the Principal Act is Amendments amended by inserting, after subsection one, the following of s- 87- subsections, namely :— “ (2 a .) The public curator may institute proceedings in his corporate name or in the name of the convict for the recovery or protection of any property belonging to such convict, or to which such convict is or may be entitled, or for the recovery of any debt or damage whatsoever, and may defend in a like manner any proceedings brought against the public curator or such convict in respect of any such property, or for the recovery of any debt or damage whatsoever, and may compromise, compound or otherwise settle such proceedings and may consent to any judgment, decree or order in any such proceedings upon such terms as he thinks fit or suffer judgment therein to be entered by default.

306 TRUSTEES AND EXECUTORS. Public Curator Acts Amendment Act . 6 E liz . II. No. 2, 1957. (J b .) He may also compromise any claims or demands made against or upon the convict or his estate, or made by the convict prior to his becoming subject to the operation of this Part of this Act, or by the public curator upon such terms as the public curator thinks fit and upon such evidence as he deems sufficient, or submit such claims or demands to arbitration, and do all acts and things necessary to render any such compromise or arbitration effectual.” An 6 E liz . II. No. 2. T he P ublic C urator A cts A mendment A ct of 1957. Act to Amend “The Public Curator Acts, 1915 to 1956,” in a certain particular. [A ssented to 10 th A pril , 1957.] E it enacted by the Queen’s Most Excellent Majesty, B 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 Curator Acts Amendment Act of 1957.” Principal (2.) *“ The Public Curator Acts, 1915 to 1956 ” are Act. in this Act referred to as the Principal Act. Collective (3.) The Principal Act and this Act may be title. collectively cited as “ The Public Curator Acts, 1915 to 1957.” Amendment 2. Sub-section two of section six of the Principal of s. 6 (2). Act is amended by adding thereto the following paragraph, namely :— “ (c) For the purposes of this Act and of any other Act the office of the public curator at Cairns to which a local deputy public curator was appointed on the first day of January, one thousand nine hundred and twenty-seven, shall be deemed to have been a branch of the public curator’s office at all times as and from that date.”. * 6 G. 5 No. 14 and amending Acts.