1898
THE NEW ZEALAND GAZETTE.
[No. 67

is a licensed Native interpreter or not, and notwithstanding
that it may afterwards be discovered that the person attest-
ing 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.

29. 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.

30. 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 Assistant Chief Accountant
    of the Public Trust Office, the Custodian of Securities 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.

31. The undermentioned charges shall be payable to the
    Public Trustee in respect of the matters mentioned: Pro-
    vided that where the Public Trustee is custodian trustee the
    charges under (a), (b), (c), (d), (e), (f), (h), (i), (j), and (k)
    of this clause shall be reduced by one-half.

(a.) Upon the gross capital of any testate or intestate
estate realized by the Public Trustee, or upon the gross
capital of any estate administered and realized under the
Lunatics Act, 1908, or the Mental Defectives Act, 1911, or
the Prisons Act, 1908, or the Aged and Infirm Persons Pro-
tection Act, 1912, or in any other estate with respect to
which the Public Trustee’s charges on realization are not
specifically provided for,—

(1.) On the first £10,000: 2½ per cent.

(2.) On all in excess of £10,000: 1½ per cent.

Provided that (1) in testate and intestate estates in which
no person has previously obtained administration and the gross
capital value of the assets of which, as accepted by the Stamp
Duties Department for the purpose of assessing death duties,
does not exceed the sum of £1,000, and (2) in all other estates
in which the gross capital value at the date of acceptance
of the estate by the Office Board does not exceed the sum
of £1,000, and in respect to which the Public Trustee’s charges
on realization are not herein specifically mentioned, the rate
of commission on assets not consisting of cash or of balances
to credit of any account, or on fixed deposit in any institution,
or moneys received under any life or accident policy, or
moneys received from any lodge or friendly society, or bonds
or debentures collected at maturity, or of superannuation
contributions refunded, shall be 5 per cent. on the first £400
and 2½ per cent. on the excess.

Provided also that where the assets of a mental patient’s
estate, or of a missing persons’ estate, or of an aged and
infirm person’s estate, or of a convict’s estate, or the greater
part of them, are not realized but are administered and
handed over to the patient on his discharge or to his executors
on his decease, the Public Trustee instead of charging com-
mission at the foregoing rates may charge such a fee as he
considers commensurate with the special services rendered
in the administration of the estate.

The charges under (a) are payable on realization.

No charge shall be made under (a) in the case of the
moneys comprised in Class IV of clause 12 hereof, or in the
case of local bodies’ sinking funds.

(b.) (1.) Upon such of the capital or income 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, either in the form
of investments or of cash: 1 per cent.

The charge under (b) is payable as regards cash assets at
the date of receipt by the Public Trustee, and as regards
investments when they are realized.

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

(c.) In the case of a deed of trust or of a settlement, ante-
nuptial or otherwise, on such part of the trust property as
consists of cash—upon the capital sum: 1 per cent.

On all sums received by the Public Trustee under section
17 of the Public Trust Office Amendment Act, 1913: 1 per
cent.

On all capital sums received by the Public Trustee under
the Destitute Persons Act, 1910, or any amendment of that
Act: 1 per cent.

The charge under (c) is payable at the date of distribution,
except that in the case of a perpetual trust the charge under
(c) shall be made on receipt of the capital fund. 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 made under (a) above, except where a special
fee is arranged between the Public Trustee and his principal.

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

(e.) Where an estate is administered by the Public Trustee
in two capacities, e.g., as statutory committee of a mental
patient’s estate, and later as executor under the will of the
deceased patient, or where an asset consists of a share in
another estate administered by the Public Trustee—on any
cash balance, whether of a capital or income nature, trans-
ferred from one account in the office to another account:
1 per cent.

(f.) Where an asset consists of a share from another estate
privately administered, the charge shall be as in para-
graph 31 (a).

(g.) Where insurance moneys arising out of a loss by fire
are collected,—

(1.) Where such moneys are retained and administered,
the charge shall be as in paragraph 31 (a).

(2.) Where such moneys are expended in rebuilding, the
charge shall be: 1 per cent.

(h.) On compensation moneys 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 immediately payable under
Court order or otherwise to the person entitled: 1 per
cent.

On so much thereof as is held and administered in terms
of Court order or otherwise: 2½ per cent.

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

Where the income collected is in the nature of interest
on debentures, or dividends from shares, or interest
on fixed deposits or Post Office savings-bank deposits,
or superannuation allowances, the charge shall be
2½ per cent.

In all other cases (including the gross income derived
from any business carried on by the Public Trustee)
the charge shall be 5 per cent.

Where any income due to an estate is collected on behalf
of the Public Trustee by any authorized person, firm, or
company who has charged a commission for so doing, or
where income is derived from another estate privately ad-
ministered in which the administrator has charged a com-
mission for his services, the foregoing charges under (i) shall
be reduced by one-half.

No charge under (i) shall be made in respect of income
derived from capital in the Common Fund.

(j.) Upon real or personal property transferred or delivered
in kind to or retained by any person entitled thereto,
being a devisee, legatee, next-of-kin, cestui que trust, bene-
ficiary, 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: £2 2s.

The minimum charge of £2 2s. under (j) shall be inclusive
of and not in addition to the commission taken on any of the
assets of an estate which may be realized.

No charge under (j) shall be made where property is re-
turned to a principal for whom the Public Trustee has been
acting as attorney or agent.

Upon any unrealized real or personal property bequeathed
or devised to the Public Trustee upon perpetual trust—upon
the capital value: 1 per cent.

(k.) Where assets outside the Dominion are receivable by
the Public Trustee, as principal administrator, by grant or
any authority—on the capital and income receivable or
realized: 1½ per cent.

(l.) 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 (l): £2 2s.

Upon the capital from any personal property under Part III
(Unclaimed Property) of the principal Act, the charges shall
be as provided under (a).

(m.) Upon the gross proceeds of rents, income, or revenue
received from any property pursuant to Part II (Unclaimed
Lands) or Part III (Unclaimed Property) of the principal
Act: 7½ per cent.

(n.) In all cases not otherwise hereby provided for, on all
sums lodged in the Public Trust Office under or in pursuance
of the provisions of any Act, rule, or law in that behalf, at
the time of lodging the same: 1 per cent.

Minimum charge under (n): £2 2s.

(o.) For application to be registered proprietor under
Part II (Unclaimed Lands) or Part III (Unclaimed Property)
of the principal Act: £2 2s.

(p.) For discharging mortgage under section 75 of the
Property Law Act, 1908, or section 117 of the Land Transfer
Act, 1908, and holding the proceeds for the person entitled,—

Where the amount is not more than £250: £3 3s.

Where the amount is over £250 and not more than
£1,000: £4 4s.

Where the amount is over £1,000: £6 6s.

Provided, however, that the Public Trustee shall deduct
from the moneys due to the mortgagee the difference between
the above fees and the charges provided under the New
Zealand Law Society’s scale of charges for an ordinary dis-
charge of a mortgage.