Samoa Public Trust Office Order




MAY 19.] THE NEW ZEALAND GAZETTE. 1275

(5.) At any meeting of the Board the decision of a majority of the
members present shall be the decision of the Board.
(6.) On all questions before the Board the Chairman shall have a
deliberative vote, and, in case of an equality of votes, shall have a
casting-vote also.
(7.) All proceedings and resolutions of the Board shall be recorded
in a minute-book.
(8.) A resolution of the Board shall bind the Public Trustee.
(9.) All minutes or resolutions of any meeting of the Board, or a
copy thereof purporting to be signed by the Chairman of the meeting,
shall be prima facie evidence of such minutes or resolution.
(10.) Subject to the provisions of this Order, the Board may
regulate its own procedure.

  1. (1.) There is hereby established an account to be called the
    Samoan Public Trustee’s Account (hereinafter referred to as “the Public
    Trustee’s Account”), which shall be kept at the Bank of New Zealand
    at Apia.
    (2.) The Public Trustee’s Account shall be operated on only by
    cheque signed by the Public Trustee or the Deputy Public Trustee
    and by the Treasurer of Western Samoa.
    (3.) There shall be paid into the Public Trustee’s Account all
    moneys payable to the Public Trustee pursuant to any lawful authority.

  2. (1.) Subject as is provided by the next succeeding clause,
    all capital moneys, however arising, whether after or before the coming
    into operation of this Order, and whether directed to be invested or
    not, shall, unless expressly forbidden to be invested, be one common
    fund, and shall be invested as provided by clause sixteen hereof; and
    any investments made from such common fund shall not be made on
    account of or belong to any particular estate.
    (2.) The interest payable to the respective estates the moneys of
    which form the Common Fund shall be at a rate to be from time to
    time determined by the Administrator, acting with the advice and
    consent of the Legislative Council of Western Samoa, and such rate
    of interest shall be credited to the respective estates quarterly—namely,
    on the first day of January, on the first day of April, on the first day of
    July, and on the first day of October in each year.
    (3.) On the moneys arising from one estate the rate of interest
    shall not exceed five pounds per centum per annum on the first three
    thousand pounds and four pounds per centum per annum on the
    excess.
    (4.) Subject to the limitations aforesaid as to the rate of interest,
    the Administrator, acting with the advice and consent of the Legis-
    lative Council of Western Samoa, may from time to time make such
    regulations as he thinks proper as to the payment or non-payment of
    interest on moneys belonging to any estate, and as to the period from
    which interest, if allowed, is to be computed.

  3. Moneys expressly directed to be invested otherwise than as
    mentioned in clause sixteen hereof shall not form part of the Common
    Fund, and the Public Trustee may invest such moneys in accordance
    with such direction; but such investments shall not be entitled to the
    protection afforded by clause seventeen of this Order, and any loss or
    deficiency in respect of any such investments, or of the money received
    therefrom or realized thereby, shall be borne by the estate to which
    such moneys belong, or if received and realized would belong.

  4. Unless expressly prohibited by or under any instrument creating
    the trust the Public Trustee may invest all capital moneys—
    (a.) In the Government securities of the United Kingdom, or of
    any colony or dependency thereof, issued under the authority
    of the Parliament or other legislative authority of the said
    Kingdom, colony, or dependency respectively, and secured
    upon the public revenues thereof :



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Online Sources for this page:

VUW Te Waharoa PDF NZ Gazette 1921, No 48


NZLII PDF NZ Gazette 1921, No 48





✨ LLM interpretation of page content

🌏 Samoa Public Trust Office Order, 1921 (continued from previous page)

🌏 External Affairs & Territories
18 May 1921
Western Samoa, Public Trust Office, Order in Council, Legislation, Investment Board