Public Trustee (Amendment) Act 1923 (NSW)

Public Trustee (Amendment) Act.

PUBLIC TRUSTEE (AMENDMENT)

ACT.

Act No. 13, 1923.

An Act to confer additional powers on the Public George v.

T rustee ; to amend the Public Trustee Act,	No. 13.
1913, and certain other Acts ; and for p u r­
poses consequent thereon and incidental

thereto . [Assented to, .5th October, 1923.]

”T 3 E it enacted hy the King’s Most Excellent Majesty,

\ y by and with the advice and consent of the Tjcgis-

lativo Council and Eegislath’c Assembly of Xcw S(;uth Wales in Parliain(;nt assembled, and l>y the authority of the same, as follows -

1 , This Act may be cited as the “ Public Trustee shoittitle.

(Amendment) Act, 1923.”

2. The Public Trustee Act, 1913, is amended as Amomimcnts

f o l l o w s ; - _ _

(1) Section six by the omission of subseetions onesec. 6(i)

and two and the substitution therefor of the	<-)■
following new subsections : —
(1) I'be Governor may appoint a deputy public trustee, whose duties shall be those prescribed by the Governor or directed by the public trustee.
(2) During the illness, absence, or sus­ pension from duty of the public trustee such deputy shall have the poAvers, duties, and liabilities of, and be entitled to the same rights and immunities as the public trustee.

(2) Subsection one of section ten by the omission Sec. io(i).

of the words “ under an order to collect.”

(3)

Public Trustee (Amendment) Act.

George V,	(3)	Subsection one of section twelve by the addition
No. 13.	at the end thereof of the following : “ (v) as com­
Sec. 12 (1) (3)
and (4).	mittee, manager, guardian, or receiver of the estate of an insane patient or an insane or incap­ able person within the meaning of the Lunacy Act of 1898 ”, “ (vi) as guardian or receiver of the estate of an infant” ; subsection three by the omission of the words “ as executor, adminis­ trator, agent, or attorney ” and the substitution therefor of tl>e words “ in any of the capacities specified in subsection one ” ; and subsection four by the omission of the words “ or charitable” and of all words after the word “ purposes.”

See. 13(1) (4) Section thirteen by the omission of the proviso

(2) and (3). to subsection one ; the omission from subsection two of all words after the words “ to the contrary ” ; and the repeal of subsection three.

Sec. 16 (1) (5) Section sixteen, subsection one, by the omission

and (2). of the words “ under any order of the said court” and the substitution therefor of the words “ being registered under the Registra­ tion of Deeds Act, 1897 ” ; and subsection two, by the omission of the words “ sections thirteen and fourteen ” and the substitution therefor of the words “ section thirteen.”

Sec. 17.	(6) Section seventeen by the omission of the words “ said court” and the substitution therefor of the words “ Supreme Court in its equitable jurisdiction.”
Sec. 23(1)	(7) Section twenty-three, subsection one, by the

and (2). omission of the word “ collect ” and the substi­ tution therefor of the word “ administer” ; and subsection two, by the omission of the words “ an order to collect the estate of such jierson ” and the substitution therefor of the words “ a grant of probate or letters of administration.”

Sec. 35. (8) Section thirty-five, subsection two, by the omission from paragraph (n) of the ivords “ two hundred and fifty ” and the substitution therefor of the words “ five hundred ” ; and by the addition at the end of paragraph (n) and at the end of paragraph (p) of the words “ except for purposes of administration under Part XV

of the Conveyancing Act, 1919.” (9)

Public Trustee (Amendment) Act.

(9) Section fortv-nine bv tlic omission of the words George V,

“ trustee, executor, administrator, ap ênt, or

attorney ” and the substitution therefor of tlie Sec. 49.

words “ in any of the capacities specified in

subsection one of section twelve.'’

(10) Sections fourteen, fifteen, nineteen, twenty, Repealed twenty-one, twenty-two, twenty-four, twenty- sections, five, twenty-seven, twenty-ei"ht, twenty-nine,

thirty, thirty-one, and thirty-two are I'epealed.

3.        The following section is inserted next after section xew section

eighteen of tlie said A c t:— afters, is.

1 8 a . ( 1 ) Where any person has heretofore died rieetion by

or hereafter dies testate, in or out of New South . ’ 1 <* 1 • 1 to administer.

vVales, leaving property the gross value oi Avliich, ^̂

as estimated by the public trustee, does not at the xo. in(

time of tlie ('h'ction, hereinafter mentioned, exceed **̂*’)-

four hundred pounds, and no person has obtained

probate, the public trustee may, in all cases wliere

lie is entitled to obtain probate, in lieu of obtaining

probate, file in tlie oflicc of the Supreme Court an

election under his hand and seal setting forth the

name, residen(‘e,and occupation (as far as thenknown

to the public trustee) of the testator at the date of his

death, and the property forming his estate and the

date of his death as then known to the public trustee,

and stating that, after due inquiries, he believes

that the document annexed to such election is the

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 tin; provisions thereof.

(2) When any person has heretofore died or

hereafter dies intestate, in or out of New South Wales, leaving property the gross value of wliich, as estimated by the public trustee, does not at the time of the election hereinafter mentioned exceed four hundred pounds, and no person has taken out letters of administration, the public trustee may, in all cases where he is entitled to take out letters of administration, and in lieu of taking out such letters, file in the office of the Supreme Court an election under his hand and seal setting forth the name, residence and occupation (so far as then

known

6 2                   Public Trustee (Amendment) Act.

George V,	known to the public trustee) of the intestate at the
No. 13.	date of his death, and the property forming his estate, and the date of his death, as then known to the public trustee, and electing to administer such estate.
(3) On such election being filed the public trustee shall be deemed to be executor or administrator (as the case may be) in like manner in all respects as if probate or letters of administra­ tion had been duly granted to liim.
(4) The public trustee shall publish in the Gazette, and in one daily newspaper published in Sydney, and if the deceased resided more than thirty miles from Sydney, in the paper circulating in the district where he resided at the time of his death, a notice that he has made such an election, and sucli notice shall be conclusive evidence that the public trustee is rightfully entitled to administer under this section.
(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 trustee shall, as soon as practicable thereafter, file in the said office of the Supreme Court a memor­ andum under his hand stating the fact, and proceed in the ordinary manner to obtain probate or letters of administration.
(6) In this section “ will ” includes all codicils thereto, and “ probate ” includes letters of administration with the will annexed, whether granted for general, limited, or special purposes.

New sections. 4. The following new sections are inserted next after

section fifty-three of the said A c t ; —

Moneys paid

to trust 53a. Tlie Minister for Public Works is hereby

account.	authorised to expend the whole of the moneys so paid into the Treasury and carried to such special trust account, or such portion thereof as may be necessary, in the acquisition of a suitable piece of land and the erection thereon and equipment of a suitable building for the purposes of the public trust office.
Application

of Public 53b . Such work shall be deemed to be a duly

Works Act,	authorised work within the meaning of the Public
1912.	Works Act, 1912, but the provisions of sections

thirty-four.

Public Trustee (Amendment) Act. 63

tliirty-four, thirty-five, thirty-six, and thirty-seven George V,

of tliat Act sliall not apply to the said work. The

provisions of section thirty-eight of the said Act

shall apply to any contracts for carrying out such

work.

53c. Upon tlie completion of the said ^^uilding

the said land and huilding shall pass to and become public trustee,

vested in the public trustee.

53o. Tlie cost of acquiring the said land and Recoupment

carrying out tlie said work, togetlier with i n t e r e s t

thereon, shall he i-ecouped to the special trust account,

account in manner following :—

(1) The total cost, subject to such partial remis­ sion as the Governor may think just under any spt'cial circumstances, together with interest . thereon at the rate of four pounds per centum per annum on the sums making up such total cost calculated from the time such sums were e.xpended, shall he certified as soon as practicable under tlii' hand of tlie said Minister, and the total amount so certified shall, upon the notification of such certificate to the public trustee, become and be a debt charged upon the said land and liuilding, and the revenues from Avhatever sources received by the public trustee by virtue of his office, until defrayed as herein­ after provided.

(2) As soon as possible after the said Minister has certified the total amount as aforesaid, the Governor shall fix a period not exceeding fifty years, Avithin Avhich such amount shall be liquidated by the jiaymcnt of such annual sums as shall after the last of such payments extinguish the Avhole amount of such cost Avith interest at the rate of four pounds per centum per annum on the balance unpaid in each year; and in fixing such period the GoA'ernor may take into con­ sideration the nature and durability of the said building. Such period and the amount of such annual sums when so fixed shall he notified forthwith to the public trustee.

(3)

Transfer of Records Act.

George V, (3) Tlie first of such payments shall be made

No. 13. within one year from the date of such notification, and each subsequent payment at or before the end of one year from the expiration of the time limited for making the last preceding payment.

(4) At the end of tlie period so fixed and notified, and after the last payment has been made, the said land and hnilding and the revenues of the said public trust ofhee, from whatever sources derived, shall he discliarged from any further payments under this section.

Amendment of	5 .	The Public Service Act, 190*2, is amended by
Public Service Act. 1902.

Sec. 5.

inserting in section five after the word “ lunacy” the

words “ the Public Trustee.”