Section 11. Act XVII of 1843 (for Ilie U / ~ J O ' ~ ~ L ~ I I L C I / - `q*` 0 ~ c i ~ Z _

11. Act XVII of 1843 (for Ilie U / ~ J O ' ~ ~ L ~ I I L C I / - `q*` 0 ~ c i ~ Z ~ ~ ~ ~ s I c c N i/r cei~tui?~ cases) is hereby repealed except as to ally proceedings Act XVII of 1813 repealed. or `a11y` Trusts now vestec\ in an Official Trustee under it, and except so fdr :as that Act is iilade applica1,le to the Settle- ment ACT No. XVII `OF` 1864. 111ei1t of Prince. of Wales' Island, Singapore, aaid Malacca,, by Act S I V `o'` 1.852 ( f i 7 . `ccz>lezdiny` the ~~lavisioizs `of` Acts XIYITT c.f 1841 nnd XTTTT tf 1,843 /o lhp _8I~(b-ils' ,SyeZtlenaeszf_l._ JL1. Xvery Official Trustee appointed under the said Act XVIT of 1843 Trustee Act shall, saITe as regards the reilluneratioll to be received l,y 1)ointod under thiq XV1l to act Act, as save if nl)- as llinl, hold and execute the Trusts of wllich be is Trustee in ~egwcia remuneration all respects as if he were an Official 'l'rustee appointed ~xnder this Act. IV. :Ln each of the Presidencies of Fort Willia~ll in Bengal, 'Fort St. George, ,hl OAicial Trustee to be ap. and Roi~ill~ajr, there shall be a,n Official Trustee. The sa,icid pointed in eacE Presidency. Official Trustees shall be ca,lle.d the Official Trustee of Hengal, t11 e Official Trustee `of` Madras, and the 0-fficial ?'~.ustes of' T30rnba~y- reslxctively. V. Every Official Trustee appoiilted under this Act shall be appointed and Appointment, susl>ension, arid may be sus1)ended `iii'` r e m ~ ~ ~ e d f r ~ m 11-3 Office hy the r~nloral of Oficial T'rustecs. authorities hereinafter nailled, that is to say- The Official 'I'rustee of Bengal by the Clrief Justice of Her AZajesty's Hig.11 Conrt of Judicature at Fort VlTilliain in Bengal. Tile Official Trustee of Madras by the Chief Jnstice of Her Ma.jestY's FIigll Court of Judicature at Fort St. George. Tlie Official Trustee of Bombay by the Chief Justice of Her Majesty's High Cowt of Judicature at Bombay. I ,[The Adlllinistrator General or Officiating Adinini~t~ator ] General for the Admioistr+tor General l u a ~[time being of 'any of the said Presidencies shall be eligible ] `be` s l ~ o i n t e d Official Trustee. for the Office of O&cia,l l'rustee of that Pre.side1lcy. :Eve13r 0f'iicia.l Trustee appointed under this Act shall give security for the due esecution of the duties of his Office in such ~nanl-ter a,nd to such Seciirity to bc givcn l q . 0ffic:ial T~nstre. a.1nou11t as the Chief Justice by wlioin he is al~poiilted sh all direct. I . It shall be lawfill for tlle Chief Justice of the Wig1 Court at any of tlle Presidencies, from time to time, to grant leave of Leare of absence of Oficial lirnstee, appointment of a absence to tlie Official Trustee of that Presidencj-, but l,el.on to oficiate for lliin. sul~ject always to such and the like rules as may he for the ACT No. XPII OF 1864. Idic time being in force as to leare of absence or tlie Officers aktaclied to such High Court. Wllenever ally Official Trustee sllall oktain leave of al)sence, it shall I)e lawful for the Chief Justice to appoint some persoil t.o c)fficiate as Official Trustee, and sucll person while so officiating shall be sdbject to the sarrie conditioils a'11d be bound 11y the same responsilsilities as the Official Trustee, -anel he shall be deeilzed to 1)e t,l~e Official Trustee for tlie tiilie being ~ulcler this Act., a,iid shall be lia,ble to give security for the due esecutioil of' the duties of liis Office in 1 ili~: riiallner a.s if lie had been appointccl Official Trustee. VIII. If a.11~ persoil shall be about to grant, assign, or settle any property Oliicial 'I'rostee may, ,,.itll moreable or imlnorea.ble, of wlmt nature or lrind soever, consent, of a settlement be appoi~~ted by grantor Trurrtec Prq 1111011 or nibject to any Trust, ~vhether for a. charitable pnrpose or otl~erwise, it shall be lawf~1l for such person, witll tlie conseilt of the Official Trustee, to appoint him, by the cleed crcating the Trust, to 1)e tlie Trustee of sucll scttlement ; a.nd uyo11 sucli ap1)ointment the propel-ty so granted, a.ssignec1, or settled shall vest in such Officer a.ilcl his successors in Office, and shall be held by liim a.nd them ul~on the Trust declared and coiltailled i11 t,lie said deed. Provided always that the consent of the Officiai Trustee shall be recited in tlie said deed, ailcl tlmt the deecl shall be duly esecnted 113. tlie Official Trustee : provided also that no Trust lor ;my 1.eligious purpose shall ever be held 1))- the Oficial Trustee, under tllis or under any otlzer section of illis Act,. IX. Every 0Ficia.l T~.ustee apyointecl Trustee of a,ny property under the ' 03cial TrusLee appinle,, ,ill. , last preceding Section, shall be entitled to receive by way tler last preceding Sectioll, to ~.eceir.e only tlle remunerat~io~l[of remunera,tion in that bbehdf such sum or sums only ][as ] spec.ified in the deed. he' shdl by t,he deed of' settlelnellt be clecla.red to he entitled to receive. X. If any property is sn11,ject to a Trust, whether for a charital~le purpose Under what otller circmnor otliermise, and there sllall be no Trustee ~rilling to act stances :~ppointed Official 'I'r~~stee T'rusteclna~ of any proor capable of acting in tlie Trusts thereof, who is witllili 1)wtjy. the local liinits of t l ~ e ordinary or estraordinarg origillal Civil jurisdiction of the High Court, or if property is subject to a Trust, and all the T ~ u ~ t e e s , or tlie surviving or colzti~lui~zg Trustee aid all Llie persons beneficially iilterestecl ill the said Trust, shall be clesirous that the Official Trustee sllall be alq)oiizted in tlze room of such 'I'rnstees or Trustee, then aid in any such case it shall be lawful for the High Court on petition, ajncl with the consent of tlle Official Trustee, to appoint the Official Trustee to be tlie Trustee of such property : and npon such apl)ointine~lt sucli propert? sliall vest. in tlic Official Trustee aid his successC)rs ' I i : ! ! 1 ACT No. XVJJ OF 1864,. in Office, and shall be held by hiin and them uq~on tlie same Trusts as the salne were held previous to such al~pointment. XI. * The Official Trustee shall be elltitlccl by may of remuneration, in respect of all Trust property transferred to llim under the last Rate of commission mlder las,t precediiig Sectio11. preceding Section, to a colnnlission the rate of wl:icll shall be as folloivs, that is to say,-- 011 a11 capital monies rcceised by lli~n, a co~nlnissioll of one haJf per cent. 011 receiving the sanle. On all capital nlonies invested by 11i111, a con~ntission ol one llalf per cent. on investing the same. t On, all sullls received by lli111 by way of interest or dividends in respect of nlonies invested, a colnmission of three quarters per cent. On all rents collected by him, a con~nlission of two and a half per cent. XTI. T!:c OEcial Trustee shall defray dl the expenses of the esta,blishnlent w h a t slpeuses, kc., comlllis-[necessary for 11is Office, including the provision of Office ] aion to cover. apcommodation together with all other charges to which the said Office shall be subject, except those for which express provision is made by this Act, and except those costs of litigation and the like ~vhich a Trustee would, under ordinary circun~staaces, be entitled to pay for out of the Trust monies in llis haild. The comlnission to which the Official Trustee shall be entitled, is intended to cover all the expenses a,11d risk and responsibility of managelllent, collection, ancl distribution. XIII. It sllall in no case be lawful to appoint the Official Trustee to be a I- 111 all cases Oficial Trustce Trustee id011g with any other person : but the Offcia] to be sole Trustee. Trustee sllall always be sole Trustee. XIV. The Official Trustee shall cause all capital lllonies received by him to be invested in Governinent securities, or otherwise as the In w11at secnrities Official Trustee to Court shall direct : and if in any case the Trust funds or any part of them shall at the time of their vesting in the Official Trustee be invested otherwise than as provided in the deed or Will creating tl\e Trust or than as ordered by the Court, it shall be the duty of the Official Trustee, as soon as he rearjonably can, to realize the funds so improperly investeci, an$ to invest the saine in Governlnellt securities or otherwise as the Court shall direct. ==> picture [58 x 21] intentionally omitted <== ACT No. XVli OF 1864. XV,'[Tlle High Court may make any such orders as shall seem ] ta it[necessary ] ~ i g h Court mag. make orden respectsing any 'l'lwst propel'ty vested in the Official 'hx=dee, respecting Trust property vested in Official trustcc. the interest or produce thereof. All such orders shall be made on petition, unless the Court shall direct a suit to be instituted. XVI. Nothing in this Act shall prevent the re-transfer of any Trust pro- a 1)ert.y which may have become vested in the Official Re-transfer of Trust property to original, ur transfer to o t ~ ~ e r , Trustee, to the original or any subsequently appointed Trustee. Trustee, or to such person as the Court shall direct, .unless otherwise provided b;y the cleed or Will creating the Trust. XVI:I.[All orders which shall be made appointing any 0tficia.l 'l.'rustee to act ] Oidor of ai~poLltment of Offi. as Trustee in virtue of his Office, shall appoint him by Elis , cil Trustee. name of Office ancl. shdl authorize the Official 'I'rustee for tile time being of t,he same Presidency to act as Official 'I.'rnstee of the property t,o which such order shall ]:elate : and dl prope~ky and interests which at the ti~ne of the death, resignation, or removal li.0111 Office of On detlill, Ro, of GtScia: *I~=u~~cc, property to vest in !lis any Official Trustee shall be vested in him by iriikue of aucccasor. snch order, shall upon such death, resignation, or removal cease to be vested in him, and shall vest in his successor in Oflice imlnediately upon his appointment thereto, and all books, papers, ancl documents ltept by such Official 'Prustee by -virtue of llis OAice sltall be iransferred to and vested in his successor in Oficc. SVTIT. -ill actions. snits, or other proceedings wlucll shall be commenced by or against any Official Trustee in his official Oiticial Trustce to suc or be may suedby hisname of office. Suit be brought by or against him by his nanle of Office, and not to nhate by death, kc. no suit, action, or other proceeding already colnrnenced or ~vhich shall be colnlnenced by or against anv person as Official Trnstee either r,lone or joilltly with any other person, shall abate by reason of the death, resignation, or removal from Office of any such Official Trustee, but tlle saine may by order of the Court and upon such terins as to the service of notices or otllerwise as the Court may direct, be continued against his successor iininediately upon his appointment, in the same manner as if no such death, resignation, or reino~7al had occun-ed. Prorided that nothing herein co~itained shall render any such successor perso~lall~ liable for any costs incurred prior to the order for continuing the action or suit against him, or shall release ap Oflicial Trustee xvllo has Proviso. resigned or heen removed from his Ofice, qr the heirs, executors, administrators, or representatives of a deceased Oficial Trustee from being liable for any such costs. XIX. Every C, ACT No. XVII or 1864. XIX. Every Official Trustee appointed under this Act shall enter into books, Official Trustee to keep +[to be kept g y him for that purpose, separate and distinct ] separate account of ench Trust, to be opell to the inspection of accounts ~f each Trust of which he is the Trustee, and of the Cliief Justice, and of any perauthorized by hiln `tO` a31 such sums of money and securities for nloney, goods, inspection. and things, as shall come to his hands, or to tlie lvands of any person employed by him, or in Trust fbr him, under this Act, and lilrewise of' all paymerits made by him on account of such Trust, and of all debts due by or to the same, specifying the dates of such receipts and payments respectively, which said books shall be kept in the Official Trustee's Office, and shall be at all times ope11 for the inspection of the Chief Justice and of any person authorized by him to demand inspection thereof. t XX. The Chief Justice shall have poyer, from time to time, to inake ancl alter any general rules a,nd orders consistently with the Chief Justice m%y lnalce alld alter rules and ordc?s for ensprovisions of this Act, for the safe custod>- of the Trust tody of Trust. F~mds, kc. Funds and securities which shall come to the hands or possession of the Official Trustee, and fr,r tlie rernitta?lce to Europe or elsewhere of' all sums of money which shall be payable or belong to persons resident in Europe or elsewhere, or in other cases +here such remittances shall be required, and generally for the guidance and government of the Official Trustee in the discharp of his duties ; and may by such rules and orders, anlongst other things, direct what books, accounts, and statements in addition to those mentioned in this Act, shalt be kept by the Official Trustee, and in what fbrnl the same shall be kept, and what entries the same shall contain, and where the same shall be kept, and where and how the funds and securities and other the propei-iy belonging to the Trust of which the Official Trustee is the Trustee shall be kept or invested or deposited, and how m y remittances thereof shall be made. XXI.[Sucli orders shall be published in the Official Gazette, and it shall ][be ] the duty of' the several Official Trustees to obey and hlfil Publication of orders, &c. the same, and the same shall be a full authority and indemnity for all persons acting in pursuance thereof. XXII. The Official Trustee of each of the said Presidencies shall once in e$ery yeas, that is to say, on the first day of March, or on Oficinl Trustee to furnish S U C ~ other day as the Chief Justice shall direct, deliver Annual Schedules whicll shall be filed in the H I ~ ~ Z Court. to the Chief Justice a true Schedule showing the gross amount of all sums ol' money received or paid by 16m on account of each Trust of which he is the Trustee, and the balances during the year ending . ,. . . . , , ,, . . ACT No. XVII `OF` 1864. of delivering snch Schedule, and a true list of all securities received on accou&t of each of the said Tixsts during the same period ; and also a true Schedule of all Trusts ~vhich shall have come to an end or of which the Official Trustee shall have ceased to be the Trustee and the property subject to wliich shall have been paid or made over to the persons entitled to the same or to new Trustees during the same period, specifying the nature and amount or value of such property and the persons to wkon~ paid or made over. Tlle Chief Justice shall cause the said Sclledules t~ be filer1 Inspection OF Sciledules SO as record in the High Conrt ; but it shall not be lam~fhl filed. for any person to inspect tlie same or to inalce copies thereof or of any part tllel-eof, except on an order granted by the Chief Justice per~nitting him $0 to do. XX.111. The Chief Justice shall from time to tinle appoint an Auditor a). Auditors to examine the accounts of the Official Tru.stee Chief Justice to Anditors. at the time of the delivery of the said Schedules a,nd also at any other time when th.e Chief Justice shad1 think fit. XXIV. The Auditor or Auditors shall exainine the Schedules and acco~mts, Auditors to exallline Sche-[and report to the Chief Justice whether they contain ][a ] dules a11d accounts of Ofticia1 to report to Chief full and true account of every thing which ought td be Justice. inserted therein, and whether the boolcs whicll by this Act are, or which by any such general rules and orders as aforesaid s11a.U be directed to be kept by the Official Trustee, have been duly and regularly Irept, and whether the 'I rust fi~nds and securities have been duly kept and invested and deposited in the manner prescribed by this Act or which shall be prescribed by any such rules and orders to be made as aforesaid. XXV. Every Auditor shall have power to sulnmon as well the Officid;. Trustee as any other person or persons ~vliose presence Ile Auditors to have power to summoll witnesses: and to call may think necessary, to attend liim from time to time; for books, $c. and to exainine the Official Trustee or ofher party or pa,rties, if he shall think fit, on oath or solemn a.ffirmation, to be by him adrninistered ; arid to call for all books, papers, vouchers, and documents, which sElall appear to him to be necessarj- for the purposes of the said reference; and if the Official Trustee or other person or persons when snmnloued sliall refwe. or, witl~ont reasonable cause, neglect to attend or to 1,roduce any book, paper, voucher, or document required, or shall attend and refuse to be sworn or make a solemu affirmation, when by law a,n affirmation may be aul)stitt~ted for an oath, or shall refbe t~ -. . ! ACT No. XVIl OF 1864. to be exanlined, the Auditor or Auditors shall certify such neglect or refitsal in * writing to the High Court; and es7eiy person so refusing Penalty for refusal or neglect to attc'nd `&c.,` to producchooliq or neglecting shall thereupon be.punishable, in like man&. ner as if such 1.efusa1 or neglect had been in contempt of the mid Sligli Co1u-t. XS.VI. The costs and espenses of preparing the said Schedules and accounts Cost.; of lpeparing Sclied~lle~,[and of every such reference and examination as aforesaid, ] $c., 1 1 0 ~ to IIC lmic:. shall be clefiayed by all thc Trust estates to which snch Scllednles or accounts shall relate, which costs and expenses, and the portion t}lel.eof to be coiltlibuited by each of the said Trust estrates, shall be ascertajlled md settled by the Auditor or A.uilitors, sutject to the approval of the Cliid ,J'~stir:~, md sllall be p i d out of tlie said ksta.tes accordingly by t,he Official Trustcc. XSVlI. If upon ally such reference and exalnination tlle Auditor or Auditors shall see reasoir to believe that tlie said Scliedules do Xatters to 11s reported 1j.v allitito1.i not contain a trne ancl correct accouilt of the n~atters therein contained, or which ought to be therein contained, or thak tile Trust Funds alld secnrities have not been dnly kept. and invested or deposited in the manner directed by this Act, or wliich shall be directed by ally such rules and orders as aforesaid, or that the Official Trustee has -failed to comply with the provisions and dirkctiolls of this Act, or `of` any sucll rules and orders, he or the? shall repol-t accorfiingly to the Chief Juit' . .ice. ? . XXVIII. The Chief Justice may refer every such report as afores;l;id t,o. the consideratio~l of the Advocate Genera,l for the Presi- I'~occ.e~~igs upon such repoi-t. dency', who shall t,hereupon, if he shall thinlr fit, proceed sulllma;l.ily a,gainst the defaulter or his personal representative in the Higll Courtby petition for an a.ccormt, or to colnpel obedience to this Act or to such rnles met orders as a:foFsaid, or otherwise as he may think fit., in respect of all or any of the 'I1,.nst estates then or formerly under the charge of such. dehulter ; a i d thc Cou1.t sllhll have power, upon any such petition, to compel the attendance i n C o ~ v t of the de-i'eudant or defenda.nts, and a.11.y witnesses ~ ~ 1 1 0 may be tllougllt necessary, and to aalllinC them orally or otherwise its the sa<id Court shall think fit, and to make aar1d. enforce such order or orders as the Court shall think just. X.XZX. The costs, including those of the Advocate General, and of tlie reference. ~ ~ ul,O,, , ~ l>roeecdingil, t ~[to him, if the same shall be directed ][by ][tlle Colut to be ] .i?:,~., `how` to hc defrayed. pa,id, sha.11 be defrayed eit,her by the defend& or defend-. ants, or out of t.lle Trust estates rateably as the said Court shall direct ; anci when-. ever . . aver any costs shall be recovered frarn the hefendant o r clelelindants, the same shall be. repaid to the estates by which the same shall have been in the first installce contkbuted, and the Court shall have to order. the 'Official Trustee or other it shall think fit. XXX. Any orders which shall be rnade by any of the said ~ i g h Courts shall have the same effect and be executeci in the same manner as decrees. Orders of the High court to have same effect, and to be exe. cutedin the malmer, as decrees. B! k r XXXI. ' Any order under this Act may be made on the application of a.ny m , o may for order un. person beneficially interested in any Trust property, or of dew, this Act. any Trustee thereof, wlletlier 11nder disability or not. - I XXXII. T f any infant or lunatic shall be entitled to any gift or legacy or residue or shwe thereof, it shall be lawful for the Executor Executor or Ad~ninistrator m ~ y , by leave of the High by leave of the High or Administrator by whom S . U C ~ legacy, residue, or share C( urt, pay to Ollicial Trustee, legacy, share, `kc.,` to ,which an may bc payable or transferab1e;or the party by whom such. infant or lunatic is entitled. gift may be made, or any Trustee of such gift, legacy, resjjdue, or &are, to pay or transfer the same to the Official Trustee appointed under this Act; provided that the leave of the High Court to make such payment or transfer be first obtained by nlotion made on petition. Any money or property paid or transferred to the Oflicial Trustee or vested in him under this Section shaU be subject to the same provisiolls as are contained in tliis Act as to other property vested ill such Official Trustee under the provisions thereof. r Executor or Ad~ninistrator i m ~ y , by leave of the High by leave of the High C( urt, pay to Ollicial Trustee, legacy, share, `kc.,` to ,which an infant or lunatic is entitled.