Provision substituted for section 88 of principal Act—

Public Trustee may be appointed executor or trustee under wills or

settlements inter vivos.

Administration and Probate Act Amendment Act.--1922.

property in trust for any person or 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 howsoever.

(3) The Court may order that the costs and expenses of and incidental to the application be paid out of such money or property, or by the person making the application, 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.

(4) No order shall be made under this section in any case in which the trust is exclusively for a religious purpose.

5. Section 88 of the principal Act is repealed and the following section is substituted therefor :

88. (1) Any person may appoint the Public Trustee, either solely or jointly with any other person or persons, to be executor or trustee of his will or to be trustee of any settlement or other disposition inter vivos of trust property made by him, not being exclusively for a religious purpose.

(2) The Public Trustee shall accept the office of trust so reposed in him.

(3) Where the Public Trustee is appointed executor or trustee jointly with any other person, all moneys belonging to the estate and received on account thereof, or, as the case may be, all moneys subject to the trusts created or arising by or under the settlement or other disposition inter vivos of trust property, shall be received by and remain subject to the control of the Public Trustee alone, and shall be held by him on account of the estate or of the said trusts, as the case may be, and in such case the receipt of the Public Trustee only shall be a sufficient discharge to every person paying such moneys.

(4) Notwithstanding anything contained in subsection (2) hereof, the Public Trustee may, by leave of a Judge, refuse to accept the office of executor or trustee of any will, or the office of trustee of any settlement or other disposition inter vivos of trust property, where, in the opinion of the Judge, the complicated, uncertain, risky, or trivial nature of the trusts and duties to be performed render it undesirable that the Public Trustee should act.

(5) Upon such refusal the rights and duties of the Public Trustee-

(a) if as executor or trustee of a will, shall wholly cease, and the representation of the testator and the administration of his estate shall go and devolve and be committed in like manner as if the Public Trustee had not been appointed; or

(b) if

Administration and Probate Act Amendment Act.-1922.

(b) if as trustee under a settlement or other disposition
inter vivos of trust property, shall wholly cease, and
thereafter the settlement or other disposition inter
vivos of trust property shall be of the same effect as if
the Public Trustee had not been appointed.

6. The principal Act is amended by inserting therein after section Amendment of 88 thereof the following new section:

88A. (1) If in any cause or matter the Court has adjudged, ordered, or decreed that money be paid, or property, real or personal, be delivered up or transferred, to a party to the cause or matter or to any other person, the Court may direct in its judgment, order, or decree that such money or property be paid, delivered up, or transferred to the Public Trustee on behalf of such party or other person.

(2) The Public Trustee shall thereupon accept payment or delivery or transfer (as the case may be) of such money or property; and such acceptance shall be a sufficient discharge to the person paying, delivering, or transferring such money or property.

(3) The Public Trustee shall hold such money or property upon trust to apply the same, and the income thereof, in the manner and for the benefit of the party or other person directed in the said judgment, order, or decree, or in such manner and for the benefit of such person as the Court may from time to time direct.

(4) Subject to any direction of the Court, the Public Trustee shall have all the rights and powers, and shall undertake all the duties and liabilities, of a trustee (subject and according to the provisions of this Act) in relation to such money or property.

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

G. J. R. MURRAY, Lieutenant-Governor.

principal Act.

Court may direct amount of judgment, Public Trustee.

etc., to be paid to

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

ANNO DECIMO TERTIO

GEORGII V REGIS.

A.D. 1922.

No. 1516.

BE

[Assented to, November 22nd, 1922.]

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 " Public Service Act Short titles. Amendment Act, 1922."

(2) The Public Service Acts, 1916 to 1920, and this Act may be

cited together as the "Public Service Acts, 1916 to 1922."

(3) The Public Service Act, 1916, is hereinafter called "the principal Act."

2. Section 46 of the principal Act is repealed, and the following Provision substituted for s. 46 of principal section is substituted therefor:Act

ment.

46. (1) Whenever, in the opinion of the Minister, the Temporary employprompt dispatch of the business of any Department renders temporary assistance necessary, and the Commissioner is unable to arrange for such assistance from other Departments, the Commissioner may select such persons as appear to him to be best qualified for such work.

(2) The Minister may employ the persons so selected to supply such temporary assistance; and they shall be paid at the rates determined from time to time by the Commissioner as applicable to the work performed.

1516

(3) The

Public Service Act Amendment Act.-1922.

(3) The services of any person temporarily employed may be dispensed with at any time by the Minister or by the Permanent Head.

(4) A person may be employed under this section for any period.

(5) Every person temporarily employed under this section shall be entitled to all the benefits and privileges of an officer

under section 67.

(6) A person temporarily employed under this section shall not by virtue of such temporary employment be or become entitled to any of the benefits or privileges of an officer under section 68.

In the name and on behalf of His Majesty, I hereby assent to this Bill. G. J. R. MURRAY, Lieutenant-Governor.

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