Public Trustee Act 1890 (SA)

ANNO QUINQUAGESIMO TER'I'IO El' QUINQUA-

GESIMO QUARTO

A. D. 1890.

No. 486.

An Act to Amend the " Public Trustee Act, 1880," and

to facilitate the sub-division of Land, and for

other purposes.

[Assmted to, Decemider 23d, 1890 .l

HEREAS it is desirable to amend the " Public Trustee Act, Preamble.

1880," and to facilitate the sub-division of land: Re it therefore Enacted by the Governor of the Pro~ince of South Australia, by and with thc advice ancl conseut of the Legislative Council and Housc of Assembly of the said province, in this present Parliament assembled, as follows:

1. A' Judge of the Supreme Ciourt may, upon being satisfied by Judge may dispense

or poatpono operation

affidavit that it is beneficial or expedient so to do, orckr-	of clanse 7, '' Public
Trustee Act."

I. That any administrator or proposed administrator shall not

be bound by clause 7 of the Public Trustee Act, 1880 ":

11. That arry administrator or proposed adminiatrator shall not

be bound by clause 7 of thc said Act unti l after a cerhin

date to be mentioned in the order:

111. That letters of administration may be issued without any

administration bond beiug given where the estate is under

tive hundred po~mds in value:

iv. That the wdrninistrator may expend thc expectant share or any part thereof of any infant child of the deceased (not exceeding Fifty Pounds) in the maintenance ard educa* tlon of such child.

Any sucl: order may be obtaiiled ex partc, on the application of t l ~ e administrator or person entitled (;c abtni2 letters of administlxtion.

4 W 2, The

53' & 54O VICTORIW, No. 486. --

Public Trustee Act Ameudmen t Act. -1 890.

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Bondsmen to be 2. '[he making of any such order shall, if the Judge shall so

discharged. direct, have the effect of discharging all parties to the bond (if any) given to the Public Trustee, upon the granting of letters of administration, from further responsibility.

Order may be set 3. The Public Trustee or any person interested may issue a

aside. summons requiring any administrator to appear before a Judge, to show cause why any such order should not be set aside, and the Judge ma,y set aside such order, or vary the same, or make such other order as seems to him best.

summons may be 4. The owner of or any p~rson interested either beneficially or as

taken out to free land a trustee in any land which is charged or encumbered with or liable

from encumbrance. -

to sccare any pecuniary liability, may, h y summons in Chambers before a Judge of thc Srqwenle Court, call upon the person i11 whose favor the charge lrns been made or the encumbrance exists to show cause why such land should not be declared free.

Judge may make

order contingent on 5. Upon being satisfied that no injustice will be done, the Judge

b o n ~ ~ e i n s ~ e p o B i ~ e ~.	before whom such summons is heard rimy make an order declaring
such land frce from al l charges or encumbrances, contingent upon the Public Trustee certifying to him that Bonds or Treasury Bills of the Provincc of South Australia, sufficient in amount to secure such chargc or encunlbl.ance, have been deposited with him, the Public Trustee.

Oraermadeabaolute.' 6, Upon receipt of such certificate the Judge shall indorse on

such order that it has become absolute.

Order to be registered.	7. The Registrar-General shall, iipon an application in wr.i ting, register such absolute order orl any land grant or certiticate of title
affected thereby, and the land comprised therein shall thereupon be
frced from the charge or encumbrance; and upon the absolute order being registered in the General Registry Office, all land charged or encumbered which is not under the provisions of the Real Property
Act, shall be frred from the charge or encumbrance.
Rights of persons

entltled to benefit of 8. The person in whose favor the charge was made or thc

encum'imance.	cncu~nbrance existed, shall liarc the same rights and remedies on or against thc Bonds or Treasury Bills so deposited as he had against
the land.

S U ~ ~ O I W,	how	Q. If the person on whom it is proposed to serve a summons is not sui juris, or is absent from the province, or if for any other reason it is difficult to serve such person, it Judge may, upon an ex parte application, supported by af ida~i t, make an order directing on whom and in what manner a summons may he served; and any summons served in pursuance of such order slmll 'be dcenlecl to have been properly scrved.
served.

In the uarne and on behalf of Her Majesty, I hereby assent to

this Bill. KIN 'TORE, Governor.

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Adelaide : By authority, C. E. BEISTOW, Government Printer, North-terruce.