Samoa Public Trust Office Order




May 19.] THE NEW ZEALAND GAZETTE. 1277

(d.) Every reference to the Public Trustee, the Public Trustee’s Account, and to the Common Fund shall be read as a reference to the Samoan Public Trustee; and to the Public Trustee’s Account and the Common Fund established under this Order.

(e.) Every reference to the Board shall be read as a reference to the Investment Board established under this Order.

(f.) The definitions set out in section two of the Public Trust Office Act, 1908, shall apply so far as applicable.

PERSONS OF UNSOUND MIND.

  1. (1.) When any person is in lawful confinement in Samoa or in New Zealand 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 in Samoa of the person of unsound mind.

(2.) While any such order remains in force the Public Trustee shall have in respect of such estate so far as situated in Samoa the powers conferred on the Public Trustee of New Zealand in respect of the estate in New Zealand of mental defectives under Part VIII of the Mental Defectives Act, 1911, but subject to the control of the High Court instead of that of the Supreme Court.

(3.) The provisions of sections ninety-nine to one hundred and fourteen (inclusive) of Part VIII of the Mental Defectives Act, 1911, shall be deemed to be incorporated in this Order as fully and effectively as if the said sections had been recited herein, but subject to the following modifications, that is to say:—

(a.) Every reference in the said sections to the Public Trustee shall be read as a reference to the Samoan Public Trustee.

(b.) Every reference to the Supreme Court shall be read as a reference to the High Court.

(c.) Every reference to Wellington shall be read as a reference to Apia.

(d.) Every reference to the Public Trust Office shall be read as a reference to the Samoan Public Trust Office constituted by this Order.

(4.) The powers, duties, and functions of the Public Trustee under this clause shall cease—

(a.) When the person of whose estate he is committee dies.

(b.) When that person is discharged from custody under clause three hundred and eleven of the Samoa Constitution Order, 1920.

(c.) When the order of medical custody under Part XII of the Samoa Constitution Order is cancelled.

(d.) In the case of a person detained in New Zealand under the Mental Defectives Act, 1911, on receipt by the Public Trustee of a notice under the hand of the Inspector-General of Mental Hospitals that the said person has been discharged.

  1. Should any question arise as to the application of the provisions of the Acts in the Schedule hereto to the Territory of Western Samoa or in any way relating to the powers, duties, and functions of the Public Trustee or the Investment Board constituted under this Order, such question shall be submitted to the determination of the Chief Judge, whose decision shall be final and binding, and shall be accepted by all Courts, officers, and persons.

  2. Any appointments heretofore made by the High Court of Samoa appointing the Commissioner of Crown Estates or P. E. Patrick as administrator of the estate of any deceased person, or as committee of the estate of any person of unsound mind, or as trustee of any trust or

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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, Persons of Unsound Mind, High Court, Mental Defectives Act
  • P. E. Patrick, Appointed administrator of deceased estates