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The Administration and Probate Amendment Act.-1914.

10. Section 95 of the principal Act is amended

1. by the insertion after the word "estate" in the fourth line thereof of the words-" or a next friend or guardian ad litem to any person for the purposes of any proceedings in any Court"; and

II. by the addition at the end thereof of the words "or next friend or guardian ad litem."

11. Subsection (3) of section 100 of the principal Act is repealed and the following subsection is enacted and substituted in the place thereof, namely:

(3) Notwithstanding anything in this section, the Public
Trustee, with the approval of a Judge, may, as regards any
estate coming under his control-

(a) fix the commission to be charged at a less rate than that
contained in the said Second Schedule, or than that for
the time being in force as regards estates generally, or

(b) refrain from charging any commission.

Amendment of
section 95-
Court may appoint

Public Trustee to be
next friend or

guardian ad litem.

Amendment of
Charges for carrying

section 100

on a trust may be reduced.

12. Section 2 of "The Administration and Probate Amendment Amendment of secAct, 1904," is amended by the following addition thereto, namely:

"1891 and 1904.

tion 2 of amending, Act 854 of 1904Short title.

13. Section 4 of "The Administration and Probate Act, 1904," Amendment of is amended

section 4 of Act 854
of 1904-
Court may grant

1. by inserting after the word "Court" in the second line administration to

thereof the words

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may order that administration, either with or without
a will annexed, be granted to the Public Trustee, or ";

II. by inserting after the word "kin" in the third line of sub-
division 1. thereof the words "resident therein"; and
III. by substituting the following subdivision for subdivision 1.
thereof, namely:-

III. Where any executor or any person entitled to

administration with the will annexed, or the
husband or widow, or any of the lawful next of
kin, requests the Public Trustee, in writing, to
apply for such order.

14. In any case such as mentioned in section 6 or 7 of "The
Administration and Probate Amendment Act, 1904," the Public
Trustee, if satisfied that the total of the assets in the estate, wherever
situated or recoverable, is insufficient for the payment in full of all
creditors and all charges provided for by law, may make or receive
under such of the said sections as is applicable to the case such pay-
ments as appear to be necessary for the due administration of the
estate, notwithstanding that the creditors in South Australia or
elsewhere have not been paid in full.
15. Section

Public Trustee in certain cases.

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Amendment of

section 14 of Act 854 of 1904

Public Trustee may receive properties subject to trusts.

Catherine Helen

Memorial Funds.

The Administration and Probate Amendment Act.-1914.

15. Section 14 of "The Administration and Probate Act, 1904," is amended so as to read as follows:

(1) In addition to the cases provided for by sections 93 and 95 of the principal Act, the Court, in any case in which it sees fit, may, on the application of any person holding any money or other property in trust for any purpose, not being exclusively a religious purpose, make an order authorising the Public Trustee to receive and administer such money or other property.

(2) Such order may be made however the trust may have been created or arisen, whether by or under a will, settlement, or other disposition of property, or otherwise how

soever.

(3) The Court may order that the costs and expenses of and incidental to the application be paid out of such money or property, and, in case the money or property is held in trust for public or charitable purposes, may, if it thinks fit, direct that no Court fees shall be payable.

16. The receipt and investment by the Public Trustee of a Spence and Tom Price certain sum of Two Thousand Two Hundred and Ten Pounds known as the Catherine Helen Spence Memorial Fund, and of a certain sum of Two Thousand Pounds known as the Tom Price Memorial Scholarship Fund, are hereby validated, and the Public Trustee may continue to hold and administer the said funds as if since the passing of this Act an order had been made under section 13 hereof authorising him so to do.

Provisions as to administrators to apply to Public Trustee when administering under order.

Appointment of

Public Trustee by executors,

administrators, and trustees.

Cf. N.Z., 159 of 1908, s. 13.

17. When an order has been made under the principal Act authorising the Public Trustee to administer the estate of a deceased person

I. All the provisions of "The Administration and Probate Acts, 1891 to 1913," as to an administrator, mutatis mutandis, shall apply to the Public Trustee, so far as such application is practicable and is not inconsistent with any of the provisions of the said Acts, to the same extent as if administration of such estate had been granted to the Public Trustee; and

11. For the purposes of any other Act of Parliament, and subject to the provisions thereof, the Public Trustee shall be deemed to be the administrator of such person.

18. (1) With the consent of the Court

(a) Executors, whether appointed before or after the passing of this Act, may, unless expressly prohibited, appoint the Public Trustee sole executor;

(b) Administrators,

The Administration and Probate Amendment Act.-1914.

(b) Administrators, with or without a will annexed, whether appointed before or after the passing of this Act, may, unless expressly prohibited, appoint the Public Trustee sole administrator; and

(c) Trustees, whether appointed before or after the passing of this Act, and whether appointed by or under a will, settlement, declaration of trust, or otherwise howsoever, may, unless expressly prohibited, and notwithstanding the terms of the trust as to the number of trustees, appoint the Public Trustee (if he consents thereto) sole trustee in their place.

trustees.

(2) Executors whose duties continue in the nature of a trusteeship Executors deemed after their administration is closed shall for the purpose of subsection (1) hereof be deemed to be trustees.

(3) Where there are more trustees, executors, or administrators than one, any one trustee or executor (whether before or after proving the will), or any one administrator, may apply to the Court to have the Public Trustee appointed sole trustee, executor, or administrator.

(4) All applications to the Court under this section may be by petition, summons, or otherwise; and the Court may make such order as it thinks fit: Provided that, in the case of an application under subsection (3) hereof, the Court shall not appoint the Public Trustee if there is any trustee, executor, or administrator willing, and, in the opinion of the Court, suitable to act.

(5) Where to the appointment of a trustee, executor, or adminis trator the consent of any person is requisite, and such person refuses to consent to the Public Trustee being appointed, or where the person to consent is an infant, or lunatic, or a person of unsound mind, or is absent from the said State, or is under any other disability, then an appointment of the Public Trustee may be made under this section without such consent.

thinks

19. (1) When an estate is in course of administration by the Public Trustee, and any claim is made by any person against such estate, whether as a creditor or beneficiary, the Public Trustee, if in doubt as to the validity of such claim, may institute such inquiries as he proper regarding such claim, and may, by a summons signed by him, require the claimant and any other persons to appear before a Judge at any time and place therein mentioned, and then, or at any adjournment of the application, to answer all questions that may be put to them respectively with reference to such claim: Provided that the Public Trustee shall pay or tender to any person So summoned the same amount as such person would be entitled to if he had been summoned as a witness to the Supreme Court.

(2) If the claimant, after receiving a summons under this section, fails to attend at the time and place therein mentioned, or at any adjournment

B-1174

Public Trustee may

validity of claim against the estate.

hold inquiry as to

Public Trustee may make advances for

tration.

N.Z. 159, 1908, ss. 37 and 38.

The Administration and Probate Amendment Act.-1914.

adjournment of the application, or if he refuses or fails to truly answer any question put to him by or on behalf of the Public Trustee, it shall be lawful for the Public Trustee, by direction of a Judge, either with or without proceeding under subsection (3) hereof, to reject the claim.

(3) If the claimant or any other person, after receiving a summons under this section, fails to attend at the time and place therein mentioned, or at any adjournment of the application, or refuses or fails to truly answer any question put to him by or on behalf of the Public Trustee, he shall, if a Judge so directs, forfeit and pay a penalty not exceeding Ten Pounds, which shall be recoverable in a summary manner before a Special Magistrate or two Justices of the Peace, and sections 115 and 116 of the principal Act shall apply to and in respect of such penalty and the recovery thereof.

20. (1) When the Public Trustee is administering any estate, purposes of adminis- and there is property vested in him to the credit of such estate, but there is not sufficient money available to make payments required to be made on account of such estate, whether to beneficiaries or creditors, or for expenses of administration, or otherwise, the Public Trustee may, with the approval of a Judge, advance and pay, for or on account of such estate, any sum of money which he is authorised or required to pay: Provided that no greater amount shall be so advanced and paid than the value of the property so vested in the Public Trustee.

Certain documents may be deposited with the Public Trustee for safe keeping.

(2) The sums so advanced, with interest thereon at a rate to be fixed by the Judge, shall be a first charge upon all the property in

the estate.

21. The following documents may be deposited for safe custody with the Public Trustee, namely:

(a) any will whereof the Public Trustee is appointed the executor or one of the executors:

(b) any settlement, declaration of trust, or other instrument whereby any trust is declared or created concerning any property of any kind, and the Public Trustee is appointed a trustee or one of the trustees.

In the name and on behalf of His Majesty, I hereby assent to this Bill.

H. L. GALWAY, Governor.

Adelaide By authority, R. E E. ROGERS, Government Printer, North Terrace.

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An Act to amend the Crown Lands Acts, 1903 to 1913, and for other

BE

purposes.

[Assented to, November 19th, 1914.]

E it Enacted by the Governor of the State of South Australia, with the advice and consent of the Parliament thereof, as

follows:

1. (1) This Act may be cited alone as "The Crown Lands Act Short titles. Further Amendment Act, 1914."

66

(2) The Crown Lands Acts, 1903 to 1913," and this Act may be

cited together as "The Crown Lands Acts, 1903 to 1914."

(3) "The Crown Lands Act, 1903," is referred to in this Act as

"the principal Act."

2. This Act is incorporated with "The Crown Lands Acts, 1903 Incorporation with to 1913," and those Acts and this Act shall be read as one Act.

Terms and Conditions of Agreements (not under Part X.) and
Perpetual Leases.

3. (1) Subject to subsection (6) hereof, in the case of any agree-
ment (except an agreement under Part X. of the principal Act) or
perpetual lease, entered into or granted before the passing of this
Act, to which the Commissioner, on the recommendation of the
Surveyor-General, directs that this section shall apply, the Land
Board shall re-value the land comprised in such agreement or lease,
and fix the purchase money or annual rent for the purposes of an
agreement or lease to be entered into or granted pursuant to this
section.
(2) When

other Acts.

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