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The Gaming Further Suppression Act.—1907.

(d) For any of the purposes aforesaid, break open doors, windows,

and partitions, and do such other acts as may be necessary; (e) Seize any instruments of gaming and any instruments of

betting and documents relating to betting, and any money
and securities for money in any such house, office, room, or
place.

40. Any person who wilfully obstructs, or aids in obstructing, Obstructing the or solicits any other person to obstruct or aid in obstructing a member police. of the Police Force in the exercise of any power conferred on him by this Act shall be liable to a penalty not exceeding Twenty-five Pounds.

41. Where any member of the Police Force authorised under this Evidence of house

nted being a gamingAct to enter any house, office, room, or place is wilfully prevented from or is obstructed or delayed in entering the same or any part ysw. Art thereof; or Where any external or internal door of or means of access to any

such house, office, room, or place so authorised to be entered
is found to be fitted or provided with any bolt, bar, chain,
or any means or contrivance for the purpose of preventing,
delaying, or obstructing the entry into the same or any part
of any member of the Police Force authorised as aforesaid,

for giving an alarm in case of such entry; or
If such house, office, room, or place is found fitted or provided

with any means or contrivance for unlawful gaming, or with
any means or contrivance for concealing, removing, or

destroying any instruments of gaming,
it shall be evidence, until the contrary is made to appear, that such
house, office, room, or place is used as a common gaming-house, and
that the persons found therein were playing an unlawful game therein.

42. There shall be an appeal from any conviction by a Court for Appeal. any offence against this Act, and from any order or adjudication dismissing any information, and such appeal shall be to the Local Court of Full Jurisdiction of Adelaide.

43. Unless otherwise specified in this Act, every person who shall Penalty for offences. commit any offence against the provisions of this Act, or any of them, shall be liable to a penalty of not exceeding Fifty Pounds or to imprisonment for not longer than three months.

44. The “ Police Act Amendment Act, 1904,” is hereby re- Repeal pealed.

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

GEORGE R. LE HUNTE, Governor.

Adelaide: By authority, C. E. Bristow, Government Printer, North Terrace.

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ANNO SEPTIMO EDWARDI VII REGIS.

A.D. 1907.

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No. 941.
An Act to amend “The Trustee Act, 1893."

[Assented to, December 21st, 1907.] DE it Enacted by the Governor of the State of South Australia,

D with the advice and consent of the Parliament thereof, as follows:

lon

1. (1) This Act may be cited as “ The Trustee Act, 1907," and Short title and shall be incorporated with “ The Trustee Act, 1893," and the two ap Acts may be cited together as “ The Trustee Acts, 1893 and 1907.”

(2) This Act, except sections 2, 6, and 7, applies only to trusts created after the passing of this Act.

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VIU PUPU) Durchase-money.

INVESTMENTS. 2. A trustee on the sale of trust property may leave unpaid Power to take

mortgage for part purchase-money thereof invested upon the security of the property sold to the extent to which, were the trustee not the vendor thereof, such property would be a proper security for the investment of the trust funds.

Various Powers and Liabilities. 3. (1) A trustee who, for the time being, is or is about to be Trustee's power of absent from South Australia may, if not expressly prohibited by delegation the instrument creating the trust, with the consent of his co-trustee Queensland 6,,

Edward VII., No. 34, (if any), by power of attorney, under seal, delegate, for a term not sec. 4 altered. exceeding twelve calendar months from the date of such power of attorney, to any person or persons residing in South Australia, all or any of the powers, authorities, and discretions vested in such trustee.

(2) Every deed, act, matter, and thing executed, done, and performed by such attorney or attorneys shall be as valid and effectual as if executed, done, and performed by the trustee.

(3) A

The Trustee Act.—1907.

(3) A trustee appointing any attorney or attorneys as aforesaid shall be liable for the acts and defaults of every such attorney as if they were his own acts and defaults.

(4) Nothing in this section shall be deemed to limit or affect any power of appointing a new trustee in the place of a trustee absent from South Australia, or the power of the Supreme Court to make any order by reason of such absence.

Revocation of power 4. No revocation of any such power of attorney, including any of attorney not effectual as against revocation or avoidance by operation of law, shall be effectual as person in ignorance. against any person dealing in good faith with such attorney in Queensland 6, Edward VII., No. 34, Ignorance of such re sec. 5 altered. Trustees bank

5. (1) Trustees, unless prohibited by the instrument creating account.

the trust, and, if expressly authorised by the power of attorney Queensland 6, Edward VII, No. 34, so to do, their attorneys, appointed under section 3 of this sec. 6, altered. Act, may, by writing signed by them, authorise any bank to honor

cheques, bills, promissory notes, and drafts drawn upon or made payable out of the banking account of the trust by any one or more of such trustees or attorneys, and to honor the indorsement of any one or more of such trustees or attorneys upon any cheque, bill, promissory note, or draft payable to the order of the trustees, and also to pay to any one or more of such trustees or attorneys, whether before or after maturity, all or any portion of any moneys deposited on fixed deposit.

(2) Every trustee who, in person or by attorney, gives or joins in giving any such authority shall be liable for the acts and defaults of every trustee or attorney acting thereunder as if they were his own acts and defaults.

(3) No revocation of any such authority, including any revocation or avoidance by operation of law, shall be effectual as against any banker acting or paying money in good faith under or in pursuance of such authority in ignorance of such revocation.

Trustee may sell land 6. With the consent of the Court, and notwithstanding anything with consent of Court.,

contained in Act No. 10 of 1847, or any reservation or proviso contained in the land grants of land granted for ecclesiastical purposes to be held in conformity with the said Act, the trustees in whom the legal estate of such land shall be vested shall have power to sell the land.

Power for Court to authorise purchase of trust property by trustee.

POWERS OF THE COURT. 7. Where there is a trust for sale or power of sale the Supreme Court may, on the application, ex parte or otherwise, of a trustee, or of a beneficiary interested in the trust property, or of the Public Trustee, or a next friend on behalf of such a beneficiary not sui juris, upon being satisfied that such sale will be advantageous to the beneficiaries, authorise a sale of trust property by a trustee to himself, unless such sale be expressly prohibited by the instrument creating the trust.

8. Every

The Trustee Act.—1907.

8. Every executor and trustee shall, if so required by and at Accounts to be filed

by trustees when the cost of any beneficiary requiring the same, file annually in the required. Supreme Court an account of his administration of the testator's estate ; and the Public Trustee shall, on the request of a majority or of half of the beneficiaries and at their cost, audit the accounts so filed.

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

GEORGE R. LE HUNTE, Governor.

Adelaide : By authority, C. E. Bristow, Government Printer, North Terrace.

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