35. Any officer of the public trustee who shall be authorised by him in writing in that behalf may take any oath, make any declaration, verify any account, and give personal attendance at any Court or place.

Corporate Bodies as Custodian Trustees.

36.-(1) The bodies corporate entitled to act as custodian trustee shall be any such incorporated banking or insurance or guarantee or trust company or friendly society and any such body corporate established for charitable or philanthropic purposes as may be approved by the public trustee and the Treasury.

(2) The public trustee may require payment by any applicant for such approval of a fee not exceeding ten guineas.

(3) Such approval may be granted subject to such conditions as to the rendering by the body corporate, and verification, of periodical returns of business transacted, and fees and other emoluments received, and otherwise, as the Treasury may require either generally or in any particular

case.

(4) Any such approval may at any time be withdrawn without reason assigned.

Investigation and Audit of Trust Accounts.

37. Any application under s. 13 (1) of the Act shall be made to the public trustee, and notice thereof shall be given (a) if the applicant is a beneficiary, to every trustee, and (b) if the applicant is a trustee, to each co-trustee and also to the person entitled to the receipt of the income of the trust. property.

38. If within three months from the date of the receipt of the notice no solicitor or public accountant shall have been appointed by the applicant and the trustees to conduct the investigation and audit, there shall be deemed to be a default of agreement within the meaning of s. 13 (1) of the Act, and the applicant may apply to the public trustee accordingly.

39. The remuneration of the auditor and other expenses of the investigation and audit shall be such as may be agreed on by the trustees and the person entitled to the receipt of

the income of the trust property and the auditor, or (in default of such agreement) determined by the public trustee, who shall, in determining the same, have regard to the estimated value of the trust property, the time occupied or likely to be occupied by the investigation and audit, and the other circumstances of the case.

Miscellaneous.

40.-(1) Any notice or application required to be given or made for the purposes of the Act or these rules to the public trustee may be addressed to the public trustee at his office in London, or if the same relates to a trust or estate in course of administration or proposed to be administered from a branch office, then at that branch office.

(2) Any notice or application required to be given or made for the purposes of the Act or these rules to any person other than the public trustee may be addressed to that person at his last known place of abode or place of business.

(3) Any such notice or application may be delivered at the place to which it is addressed or may be served by post.

41. Where any person who (if not under disability) might have made any application, given any consent, done any act, or been party to any proceeding in pursuance of these rules is an infant, idiot or lunatic, the guardian or (as the case may require) the committee or receiver of the estate of such person may make such application, give such consent, do such act, and be party to such proceedings as such person if free from disability might have made, given, done, or been party to, and shall otherwise represent such person for the purposes of these rules. Where there is no guardian or committee or receiver of the estate of any such infant, idiot or lunatic, or where any person is of unsound mind or incapable of managing his affairs, but has not been found lunatic under any inquisition, it shall be lawful for the Court to appoint a guardian of such person for the purpose of any proceedings under these rules, and from time to time to change such guardian.

42. The public trustee may frame and cause to be printed and circulated or otherwise promulgated such forms and directions as he may deem requisite or expedient for facilitating proceedings under the Act and these rules.

E.

S S

43. These rules may be cited as "The Public Trustee Rules, 1907."

November 29th, 1907.

Loreburn, C.

We, being two of the Lords Commissioners of His Majesty's Treasury, hereby concur in the foregoing rules.

H. H. Asquith.

Joseph A. Pease.

THE PUBLIC TRUSTEE (FEES) ORDER, 1907.

We, the undersigned, being two of the Lords Commissioners of His Majesty's Treasury, with the sanction of the Lord Chancellor, in pursuance of the provisions of the Public Trustee Act, 1906, s. 9, and of all other powers, and for the purpose of fixing the fees to be charged in respect of the duties of the public trustee, do hereby order as follows:

1. In this order and in the schedule hereto (unless the context otherwise requires)

(a) Words to which a meaning is assigned by the Public Trustee Rules, 1907, shall have the same respective meanings as in those rules.

(b) Words referring to the acceptance of a trust shall be deemed to include a reference to an undertaking to administer an estate under s. 3 of the Act. 2. The Interpretation Act, 1889, applies for the purpose of the interpretation of this order as it applies for the purpose of the interpretation of an Act of Parliament.

3. Subject as hereinafter provided the fees mentioned in the schedule to this order shall be paid in respect of the duties in that schedule referred to.

4. If at any time during the continuance of a trust in course of administration by the public trustee any property (not arising from the accumulation of income of the trust property) shall become subject to the trust, in addition to the property comprised therein at the date of the acceptance thereof, there shall be paid in respect of such additional property a further fee of such amount as would have been

payable upon the acceptance of a trust comprising such additional property only.

5.-(1) Where it appears to the public trustee, upon accepting a trust, that the trust property consists wholly or partially of reversionary interests, or other property not in possession or not readily realizable (all which interests and property are in this clause referred to as "the reversionary property ") he may charge an additional fee, not exceeding one pound, upon acceptance of the trust.

(2) Where such additional fee is charged, then

(a) Upon the acceptance of the trust the reversionary
property shall be excluded from the trust property
for the purpose of ascertaining the amount of the
fee payable in pursuance of the schedule hereto
upon such acceptance, and the said fee shall be
calculated and paid as if the trust property (if
any) other than the reversionary property were
alone comprised in the trust; and

(b) So far as regards the reversionary property, or any
part thereof, the date on which the same falls
into possession or is realized shall, for the pur-
pose of ascertaining the amount of any capital fee
payable in pursuance of the schedule hereto, be
deemed to be the date of the acceptance of the
trust, and the fee payable on such acceptance shall
be payable at the first-mentioned date; and
(c) For the purpose of ascertaining the amount of the
fee payable on such acceptance in respect of the
reversionary property or any part thereof, the
gross capital value of that property or part at
the date at which such fee is payable shall be
aggregated with the gross capital value of any
other part of the trust property in respect of
which the fee on acceptance has been previously
paid.

6. (1) In any case in which it appears to the public trustee that the circumstances of a trust or estate in course of administration, or proposed to be administered, by him are, or probably will be, such as to render his duties in relation thereto exceptionally onerous, he may, with the approval of

the Treasury, charge a special fee in respect of the performance of such duties, in addition to the fees payable in pursuance of the schedule hereto.

(2) The public trustee may make the payment of, or agreement to pay, such special fee a condition of his accepting a trust or undertaking to administer an estate.

7. In any case in which it appears to the public trustee that the circumstances of a trust or estate in course of administration, or proposed to be administered, by him are, or probably will be, such as to render his duties in relation thereto exceptionally simple, or are otherwise of an exceptional character, he may with the approval of the Treasury remit any part (not exceeding one-half) of any fee payable in respect of the performance of such duties in pursuance of the schedule hereto.

8. The public trustee may, in his discretion, upon the application of any person appearing to be interested in the capital of the trust property, commute any fee which in pursuance of the schedule hereto would, but for the commutation, become payable upon the withdrawal or distribution of the whole or any part of that capital for a certain sum to be presently paid and for determining that sum he shall cause a present value to be set on that fee, regard being had to the circumstances and contingencies affecting the rate at which, and the occasion upon which, such fee would, but for the commutation, be payable, and interest being reckoned at 3 per cent.

9. The public trustee may, with the approval of the Treasury, agree to any mode of payment of any fee payable in pursuance of the schedule hereto which shall seem to him. just and reasonable.

10. For the purposes of the schedule hereto (a) the value of any property (other than cash) shall be the price which in the opinion of the public trustee such property would fetch if sold in the open market; and (b) income where the same is derived from the carrying on of any trade or business shall mean the gross receipts of such trade or business.

11. This order may be cited as "The Public Trustee (Fees) Order, 1907."