May 21.] THE NEW ZEALAND GAZETTE. 1661

333. The High Court may grant to the Public Trustee letters of administration of the estate of an intestate, or letters of administration with the will annexed, in any case in which the Court is of opinion that such an appointment is advisable, and to the exclusion of any person otherwise entitled to such letters of administration.

334. The High Court may in any case in which it thinks such a course advisable remove any person from office as an executor or administrator, and appoint the Public Trustee in his place.

335. The High Court may in any case in which it has power to appoint a trustee of any estate or property appoint the Public Trustee as such.

336. Any person settling any property on trust, whether by will or otherwise, or having power to appoint a trustee of any property, may appoint the Public Trustee as the trustee thereof.

337. (1.) When any person is in lawful confinement in Samoa or elsewhere as a person of unsound mind the High Court may, on the application of the Public Trustee or of any other person, appoint the Public Trustee as the committee of the estate of the person of unsound mind.

(2.) While any such order remains unrevoked the Public Trustee shall have the same powers, functions, and authority in respect of such estate, so far as situated in Samoa, as if he had been appointed the committee of the estate of such person of unsound mind by the Supreme Court of New Zealand under the Mental Defectives Act, 1911, but subject to the control of the High Court instead of that of the Supreme Court.

338. By regulation or Ordinance there may be conferred upon the Public Trustee such rights, powers, and functions as may be considered necessary with respect to insolvent and other estates.

339. Subject to the laws of Samoa, all powers and functions conferred upon the Public Trustee by or in pursuance of this Order shall be exercised and fulfilled by him in the same manner, so far as may be, as in the case of the like powers and functions pertaining to him in respect of property in New Zealand.

340. The remuneration of the Public Trustee in respect of his functions under this Order shall be such as may be prescribed by Order in Council.

341. There shall be stationed in Samoa an officer of the Samoan Public Service who shall be called the Samoan Deputy Public Trustee, and whose functions shall be to assist the Public Trustee in the exercise by him in Samoa of the functions conferred upon him by or in pursuance of this Order.

342. Subject to regulations, the Public Trustee may delegate to the Samoan Deputy Public Trustee any of the powers vested in the Public Trustee by or in pursuance of this Order.

343. The profit made by the Public Trustee in the exercise of his powers under this Part of this Order shall be estimated by him at the end of each financial year and certified to the Minister of External Affairs, and the amount so certified shall be paid out of the Public Trustee’s Account into the Samoan Treasury.

PART XV.

ROADS.

344. In this Order the term “road” means a public right-of-way, or the land which is subject to such a right-of-way, as the context may require.

345. All roads existing in Samoa at the commencement of this Order shall continue to exist as if established under this Order.

346. (1.) The Administrator, if satisfied that any Crown or other land has been continuously used as a public highway as of right for not less than five years before the commencement of this Order, may by warrant under the seal of Samoa proclaim that land as a road in pursuance of the provisions of this clause.