1164
THE NEW ZEALAND GAZETTE.
[No. 28

is a licensed Native interpreter or not, and notwithstanding that it may afterwards be discovered that the person attesting was not a licensed interpreter, the order, and all acts and things done thereunder, shall be valid.

(3.) This clause shall be construed subject to any statutory provision dealing with the matter.

28. The officer or agent authorized to pay a claim on the Public Trustee must be satisfied before paying it that the applicant for payment is entitled to receive the amount, and that all necessary documents have been produced.

29. No claim on the Public Trustee shall be paid until it has been, to the satisfaction of the Public Trustee or the paying agent, proved and certified to be correct, as may be required by the Public Trustee, and received by the claimant or by the claimant’s duly authorized agent, nor until the signature of the payee has been attested when such attestation is required by the Public Trustee.

30. The officers and agents of the Public Trustee will be held responsible for all errors in calculation in the accounts or claims which they certify to be correct, and for any loss due to their neglect of these regulations or of the instructions given by the Public Trustee.

31. In any case which is not provided for by statute or by these regulations, the special instructions of the Public Trustee must be applied for and followed.

32. In the case of securities which, pursuant to section 96 of the Public Revenues Act, 1910, are to be held under three keys, the custodians shall be the Public Trustee, the Accountant of the Public Trust Office, and an Audit officer deputed by the Controller and Auditor-General in that behalf.

CHARGES TO BE MADE BY THE PUBLIC TRUSTEE.

33. The undermentioned charges shall be payable to the Public Trustee in respect of the matters mentioned: Provided that where the Public Trustee is custodian trustee the charges under (a), (b), (c), (d), (e), (f), (g), (h), and (j) of this clause shall be reduced by one-half in cases where the private trustees claim and receive commission under the Administration Act, 1908:—

(a.) Upon the gross capital of any testate estate (or any other estate with respect to which charges on realization are not hereinafter specifically provided for) realized by the Public Trustee,—

On any sum of up to £10,000 .. £2½ per cent.
On all in excess of £10,000 .. £1½ per cent.

The charge under (a) is payable on realization.

No charge shall be made under (a) in the case of the moneys comprised in Class IV of clause 14 hereof, or in the case of local bodies’ sinking funds.

(b.) (1) Upon such of the capital of any estate realized by a former executor, trustee, or administrator, or person acting in a fiduciary character, as becomes vested in the Public Trustee on the original trusts; and (2) upon such of the capital of any estate as is cash in the hands of the Public Trustee at the time when the estate is vested in him .. £1 per cent.

The charge under (b) is payable at the period of distribution.

Minimum charge under (a) and (b).. £2.

(c.) In the case of a deed of trust or of a settlement, ante-nuptial or otherwise, where the trust property consists solely of cash—upon the capital sum £1 per cent.

The charge under (c) is payable at the period of distribution. No charge under (c) shall be made where the capital is in the common fund and reverts to the settlor in his lifetime.

(d.) In the case of any estate in which the Public Trustee is acting as attorney or agent, the charge on the capital realized shall be as arranged between the Public Trustee and his principal, with the consent of the Office Board.

No charge under (d) shall be made where the capital is held in the common fund on an investment agency.

(e.) Upon the capital of intestate estates or estates under the Lunatics Act, 1908, the Mental Defectives Act, 1911, or the Aged and Infirm Persons Protection Act, 1912, realized by the Public Trustee,—

On any sum up to £400 .. £5 per cent.
On the next £9,600 .. £2½ per cent.

On all over £10,000 .. £1½ per cent.

Provided that with respect to all assets consisting of cash, or of balances to credit of any current account in any institution, or of fixed deposits in any institution, or of moneys received under any life or accident policy, or of bonds or debentures, the foregoing charge under (e) shall be separately computed and be reduced by one-half.

The charge under (e) is payable on realization.

Minimum charge under (c), (d), and (e) .. £1.

(f.) On compensation-money or damages received under the Workers’ Compensation Act, 1908, or section 13 of the Public Trust Office Amendment Act, 1913,—

On so much thereof as is payable forthwith to the person entitled.. £1 per cent.
On so much thereof as is held and administered .. £2½ per cent.

(g.) Upon the gross income of any estate,—

On the first £1,000 per annum .. £5 per cent.
On all over £1,000 per annum .. £2½ per cent.

Provided that on all interest from mortgages or debentures and on all dividends from shares the charge shall only be .. £2½ per cent.

No charge under (g) shall be made in respect of income derived from capital in the common fund.

(h.) Upon unrealized real or personal property (not being cash) transferred or delivered in kind to any person entitled thereto, being a devisee, legatee, next-of-kin, cestui que trust, beneficiary, or other person of a like character, upon the value of such property as fixed by the Public Trustee,—

Up to £10,000 .. £1½ per cent.
On all in excess of £10,000 .. 15s. per cent.
Minimum charge under (h) .. £2.

No charge under (h) shall be made where the property is transferred or delivered to a principal for whom the Public Trustee has been acting as attorney or agent.

(i.) For resealing foreign probates or administrations, or obtaining a fresh grant thereof on behalf of foreign executors or administrators, where the Public Trustee accounts to them and does not himself administer the local estate,—

Where the value of the local estate is not more than £250 .. £2 2s.
Where the value is over £250 and not more than £1,000 .. £3 3s.
Where the value is over £1,000 .. £5 5s.

(j.) Where assets outside the Dominion are received by the Public Trustee, as principal administrator, by grant or any authority,—

On the capital received or realized £1½ per cent.

(k.) Upon the capital from any real property administered under Part II (“Unclaimed Lands”) or Part III (“Unclaimed Property”) of the principal Act .. £7½ per cent.

Minimum charge under (k) .. £2.

(l.) Upon the gross produce of rents, income, or revenue received from any property pursuant to the Native Reserves Act, 1882, or Part II (“Unclaimed Lands”) or Part III (“Unclaimed Property”) of the principal Act .. £7½ per cent.

(m.) Upon the gross proceeds of rents, income, or revenue received from any property pursuant to the West Coast Settlement Reserves Act, 1892 .. £7½ per cent.

(n.) In respect of all moneys received under the Native Land Act, 1909 (except section 428), or under section 91 of the Public Works Act, 1908,—

On the amount received .. £2½ per cent.

The charge under (n) is payable when the money is received, and may be deducted from the fund in hand.