W causes, great difficulty oftcn arises in securing the services of A.D Private Act.

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1 ANNO QUADRAGESIMO OCTAVO ET QUADRAGESIMO NONO A.D Private Act. An Act to change the name of the Trust and Agency Company of South Australia, Limited, to the name of " Executor, Trustee, and Agency Company of South Australia, Limited," and to confer certain powers upon the same Company. [Assented to, December rrth, HEREAS, from thc uncertainty of human life and from other Preamble. W causes, great difficulty oftcn arises in securing the services of suitable persons for the offices of trustee, executor, and othcr sirnilar offices: And whereas, in order to securc the more certain discharge of the duties of such offices, a Company was, on the first day of March, one thousand eight hundred and eighty, formed and incorporated under 'c The Companies Act, 1864," and Acts amending the same, by the name of the "Trust and Agency Company of South Australia, Limited," with the object, among other purposes, of affording persons the opportunity of obtaining the services of a permanent corporation for the performance of the duties of such offices, and thus to remove much of the uncertainty and insecurity which attend ihe appointment of private individuals: And whereas it is expedicnt that the name of the said Company should be changcd to the name of the Executor, Trustee, and Agency Company of South Australia, Limited": And whereas it is expedicnt to enable the said incorporated Company to be styled the Executor, Trustee, and Agency Company of South Australia, Limited," to act as executor, administrator with the will annexed, receiver, trustee, or committee of estates of lnnatics, agent under power of attorney, liquidator of companies, trustee under any settlement, deed, insolvency, and under any assignment under the laws relating to insolvency or othcr trust deed, and to pcrforrn and discharge all the dutiea of such offices, A and

2 Name of Trust and Agency Company of South Australia, Limited, to be changed to Executor, Trustee, and Agency Company of South. Australia, Limited. Company may act as. executor, and obtain probate. 48" & 49" YICTOKIE, PRIVATE ACT. Executors Company's,4 et, and to receive remuneration for such duties, and to confer upon - the said Company the powers and privileges hereinafter set forth in order to enable the said Company the moie effectually and usefully to carry out the objects sought in its incorporation-be it therefore Enacted by the Governor of the Province of Youth Australia, by mid wil h the advicc and consent of the Legislative Council and House of Assembly of the said province, in this present Parliament assembled, as follows : \ 1. From and after the coming into operation of this Act the * name of the 'I'rust and Agency Company of South Australia, Limited, shall bt Executor, Trustee, and Agency Company of South Australia, Limited," and the Registrar of Companies is hereby directed to enter such. new name on the rcgistcr in the place of thc formcr namc, and to issue a certificate of iricorporation to thc said Company in its new name: Provided that such alteration of name sld not afbect any rights or obligations of the said Cornpny, or render defective any legal proceedings instituted or to be instituted by or against the said Company, and any legal proceedings may be commenced or continued by or against the said Company in its new name that might have been commenced or continued by or against the said Company in its former nnmc, and all deeds and documents in which the name Trust and Agency Company of South Austl-alia, Limited, has been or shall be witten or printcd shall be read and construed as if the name " Executor, Trustee, and Agency Company of South Australia, Limited," hcreinafter referred to as the Company," had been written or printed in lieu thercof. 2, Whenever the Company shall be named as executor in the last will and testament, or in the codicil to the last will and testament of any testator, it shall bc lawful for the Con~pany to act as executor, and the Company shall be entitled to apply for and to obtain probate of' the last will of the testator, and any codicil thereto, and to perform and discharge all other the acts and duties of an executor as fully and effectually as a private itdividual may do when appointed esccutor. Company may obtain letters of administration and act ~LS administrators. Court to act upon affidavit of manager inapplicationfor probate or administrstion. 3. In all cases in like drcurnstances in which a private individual may apply fbr and obtain letters of' administration with the will &.- annexed, of the estate of a deceased person, it shall be lawful for the Company to apply for and to obtain letters of administration with the will annexed, and the Company shall be entitled to perform and discharge all the acts and duties of an administrator as fully and effectually as a private individual may do to whom lctters of adrninistration are granted. 4. In all cases in which the Company is empowered, under this Act, to apply for probate or for letters of administration with the will annexed, it shall be lawful for the Court in which or the officer before whom such application is made, to receive and act upon an affidavit made by the manager for the time being of the Company, in place of any affidavit required by the said Court to be made by persons making application for probate or for lctters of administration, 5. In

3 48" & 49' VICTORI l other 6, In all cases in which shall be granted unpaid, and all other as~ets of poper administration of the and so soon as the Compan not less than Ten Thous Five Thousand Pounds of the province, the bonds province, or on mortgage and such securities to th sum of Five Thousand pany may select, shd be deposited with the Public Trustee of the said province, in trust for the Company, the liability of the capital and assets of the Company shall be deemed, in the case of letters of administration granted to the Company, to be a sufficient security in place and stead of the bond taken in the case of private individuals to whom letters of administration may be granted: Provided that such securities so deposited shall be transferable or exchangeable upon the joint consent of the said Public Trustee and the directo,rs of' the Company, or upon the order of the Supreme Court, or of a Judge of the said Court, and the income arising from such securities shall be received by the Company. In addition to the above-mentioned invested sum of Five Thousand Pounds, the Company shall, on or before the first day of September in each and every year, deposit in like manner similar securities or cash equivalent to onehalf of all or any additional paid up capital received during the preceding year until the value of the securities or caah so deposited shrill amount in the aggregate to Twenty Thousand Pounds. 6, In all cases in which any Court of Justice, or any person having authority or power to appoint any person a trustee, or receiver, or committee of the estate of any lunatic, shall see fit to 1 appoint the Company as trustee or as receiver, or as committee of teestate under any Aa relating tii' Ee estates of lunatics or otherwise, the Company may be so appointed, and may act, until removed from such office, m such trustee or receiver or committee, and may perform and discharge all acts and duties pertaining to the position of trustee, receiver, or committee: And the capital of the Company, both paid and unpaid, and all other assets of the Company, shall be liable for the proper discharge of the duties committed to the Company; and so soon as the capital of the Company shall be paid up and invested, and securities or money deposited with the Public Trustee of the said province, to the extent and in manner in the last preceding section described, the liability of the capital and assets shall be deemed sufficient security for the discharge of such dutieswce of the bond reexed from private persons -- when appointed as such %Z&e~r"eie< or Z'om"&it"e"e; " - -"'" m*' ' r * - " m ~.."._. " _"" n -- - W- *. ' -. I l ll-c." 7, It shall be lawful for the Company to act- c~mpsng may ~t under power of / (1) As attorney under any power of attorney, by which such attivrn~y or two directors. Company is appointed attorney by any person or corporation ; by manager l

4 48" & 49" VICTORIA?, PRIVATE ACT. Ezecz~t0r.s Company's Act tion ; and all the powers conferred upon the Company by any such power of attorney may be exercised and carried into execution by the manager or bp any two of the directors of the Company ; but in a11 cases the capital, both paid and unpaid, and all othcr assets of the Company, shall be liable for the duc execution of the powers so conferred upon the Company ; but this section shall not authorise any person or corporation to confer any power upon the Company which cannot be legally conferied upon any private individual : (2) As the liquidator of any joint-stock, mining, or other company, society, or association, whether incorporated or not, under any Act in forcc in the said province : (3) As trustee under any insolvency or dccd of assignment under the law relating to insolvcncy. Appointments of Company already to be valid. 8. All appointments of the Company as executor, xdministrator, receiver, trustee, committee, attorney, or agent, under and by virtue of any last will and testament, codicil. settlement, trust deed, assigni~wnt under thc law relating to insolvcncy, power of attorney, or other authority which shall have been at any time previous to the coming into operation of this *4c:t made ancl rxecnted, shall bc dccrrletl ard taken to ho a valid apgointrr~cnt of the C'ompany to such office or position ; and whenever, in any will or codicil, thc directors of the Company shall haw been, vr shall be hereafter appointed, in their character as such directors, as executors or trustees thereof, the said will or codicil shall be read as if the said Company had been appointed executors or trustees in lieu of the said directors. Manager may attend 9, In all cases in which the personal attendance of an esccuto~, on behalf of Company directors, administrator, trustee, receiver, or committee of a lnnatic's estate, and manager shall bo trustcc of any assignmeut undcr the law relating to insdvcncy. or personally responsible to Court. liquidator of a company, is required ill a Court of Justice, or elsewhere, the Company shall be entitlcd to make such attendance in the person of the manager of the Company, and the personal duties of executor, administrator, liquidator, trustee, receiver, or committee may be discharged 011 behalf of the Company by the manager ; and all affidavits, declarations, accounts, and other documents which, in carrfing out the duties relating to the offices aforesaid, it shall be necessary under any Act, law, or custom, to make. file, exhibit, or give, may bc made, filed, cxhihited, or given by the manager of thi: Corn yany ; and in every case cvhcrr? the Conlpariy shall obtain probate or lettcrs of administration with the will annexed, to be granted to the Company, and also in every case where the Company shall be appointed to act as trustee, receiver, or committee, or as liquiddtor, the manager and directors shall be individually and collectively, in their own proper persons, responsible to the Court; and shall, in their own proper persons, be liable, by process of attachment, to commitment for contempt, or by other process, to all Courts having jurisdiction in

5 48" & 49' VICTORIA, PRIVATE ACT. Executors Company's Act. --l 885. in that behalf for the proper discharge of their duties, and for obedience to the rules, orders, and decrees of such Courts in the same manncr and to the same extent as if such manager and directors 'had lwrsonally obtained probate or letters of administration with the: will annexed, and had actcd as executor, administmtor with thc will annexed, trustee, receiver, or committee, or as liquiclator. ; but, notwithstanding such personal responsibility of the said mim;ryer and directors, the rapitat, both paid and unpaid, and all the assets of the Company, shall remain liable for any pecuniary loss which may be occasioned, or which may happen, through the imperfect or improper discharge, or through the neglect of the Company, or of ally of its officers, or of any act or duty in respect of any office, appointment, or engagement held or entered upon by thc Company. 10, Thc C'ompzny shall bc entitled to receive and retain, in Company to be paid a commissiononmoney lr addition to all moneys propcdy expended by them and chargeable rccei,,cd by them. against any estate placed undcr the administration or management of the Company, a commission to be fixed from time to time by the board of directors of the Company, but not to exceed in any case Five Pounds for c\crv One IIunt'ircd Pounds received by the Company as excentor, adminikrator, liquidator, tnlstee, receiver, or committee of a lunatic's estatc, or as trustrc udcr any settlement, deed, assignment nnrlrr the laws rc:latirrg to insolvency, or other tmst deed, and such comirlission shall he payable and retainable out of thc moncys or property coinnlit teci to tht. m arraprnen t of the Company, and shdl he rerciwtl and acc.eptt>d by the Company as full recompense and remuneration to the Company for acting as such executor, aclministrator, liquidator, trustce, rewiver, or committee, and no other charges beyond the said commission and the moneys so expended by the Company shall bc made by the Company ; but if in any case the Supreme Court, or a Judgr thcrcof, shall be of' opinion that huch commission is cscrssivr~, it shll bc competknt for sucl~ Court or Judg~ to ~.evi(:w irnd reduce the rate of such cornniissiori : l'rovided t,hat the conzmissior~ to be chargcd by tllc Corapany shall not cxcewl in each estatc. the amo~mt of the published sealc of charges of the Company at thc timc~ when such cstatc was committed to the Company: Provided that under no circumstances shall the comn~ission to be so received and retained be a less sum than Twenty Pounds in any one estat~, \vhatevcr the value of such estate may be, nor a less sum than 'Twentj. Pounds per annunl in any one estate where the duties of the Company shall continue for more than one year, whater er the amount of the anriual income of such estate may be. Nor shall this enactrnerlt prevent the paynl~nt of any remuneration directed by a testator in his will in lieu of the commission hereinbefore mentioned. 11. In all cases in which the Cornpany shall be appointed Companpmsp be reexecutor, administrator, liquidator, trustee, receiver, or committee : ~~p~?i?~s of a lunatic's estate, or ars trustee under any settlcmcnt, deed, insol- for relief against vency, assignment under the laws relating to insolvency, or other Company or directors. trust deed, the Company shall, in addition to the liabilities and restrictions

6 48" & 49" VICTORIJE, PRIVATE ACT. Executors Company's Act restrictions imposed by this Act, be subject in all respects to the same control and liable to rumoval as private individuals who may be appointed executor, :tdministrator, liquidator, trustee, receiver, or committee are subject to ; and it shall be lawful for all persons a who may claim relief against the Company for any act done, or assumed to be done, or in respect of any i ~ omitted ~ t to be done by the Company, its directors or officers, untlrr any of the powers conferred by this Act, to proceed in the Supreme Court or in any other Court of competent jurisdiction, either by action or suit or other ordinary procedure of such Court, or in a summary way by motion against the Company, or against any of the d: lrectors or officers of the C:ompauy, and such Court may make and enforce such order in the matter as to such Court shall seem just. Order for account on application of truatee. c o t or Judge may order audit in any estate in handa of Company. 12, If any trustee, cestui-que-trust, executor or legatee, administrator or next of kin, or creditor entitled to or interested in any estate which shall have come (or shall hereafter come) into the possession or under the control of the Companv shall be unable, upon application to the manager of the ~ok~an~, to obtain a sufficient account of the property and assets of which such estate shall consist, and of the disposal and expenditure thereof or thereout, such trustee, ceotui-que-trust, executor or legatee, administrator, next of kin, or creditor shall be entitled to apply to the Supreme Court, or to any Judge thereof, upon motion, after notice to the Company, but without suit or petition, for an account, and if the Supreme Court or Judge shall be of opinion that no sufficient account has been rendered by the Company, the Court or Judge shall order such account to be rendered by the Cqmpany as to the Court or Judge shall seem just; or if the Court or Judge shall think that no sufficient case has been established to require the Company to furnish such account, it shall be lawful for the Court or Judge to dismiss the application, and the Court or Judge shall have power in all cases to make such order as to costs either agai~st the Company or against the applicant, or as to payment of costs out of the estate, as to the Court or Judge shall seem right. 13. It shall be lawful for the Supreme Court, or for any Judge thereof, on ap$ication under the, last preceding section, to order, in addition to or in substitution for any account to be rendered by the Company, that a person to be named in such order shall examine the books and accounts of the Company in reference to the estate as to which the order is madc, and in that case the Company shall deliver to the person named in such order a list of all books kept by the Company, and shall produce to such person, at all reasonable times when required, the said books and all accounts, vouchers, papers, and other documents of the Company, and shall afford to him all necessary information and all other necessary facilities for enabling him to make the said examination ; and the Court, or any Judge thereof, shall have the same power as to the costs of such examination as is given by the last preceding section, in reference to costs of or occasioned by the application under that section. 14, SO

7 48" 8r 49' VICTORIE, PRIVATE ACT. Executors Company's Act.-l 885. " - :?hi% d P:": p ':Pg&gy. < "L. 14. So long as any estate, in respect of which the Company Voluntsy winding up of Company or is executor, administrator, or. trustee, shall remain in whole or in disposrl of hares part urladrniaistered, it shall not be lawful to proceed to wind up the may be matruined by Court. Company voluntarily, unlcss with the sanctior) of the Supreme Court, or of a Judge thereof; and it shall bc lawful for any person interested in such estate, or who may have my claim in respect thereof, to apply to the Court, or to a Judge of s~wh Court, in a suinmary way, to restrain any shareholder from disposing of any share which he may hold in the Company, or to restrain the directors of the Companj- from registering the transfer of any share in the Company, or to restrain the winding up voluntarily of the Company, and the Coart or Judge shall, in any imd every such case, have power to inakc such orders in the matter as the circumstances of each case shall appear to such Court or Judge to require. 15, Whcre by anv will, codicil, or other testanlentmy writing Testatorsmaywpoint their own ~olioitors. a testator shall direct'that any practising solicitor shall conduct the legal business of his estate,.<eh solicgor shall be entitled to act therein accordingly ; but in such case the Company shall not be liable for the negligence, misfeasance, nonfeasance, or misconduct of such solicitor, and such solicitor mav be ~ernoved by order of the Supreme Court, or of a Judge thereif, upon thc application of the Cnmpany or of any person interested in the said estate, upon cause shown, and then, and in such case, the Court or Judge may appoint the solicitor to the Company, or some other solicitor, to act in place of the solicitor so removed. 16. In all cases where the (:ompany shall hold money belonging Tru~tmoneys belonging to several estates to more than one estate, as trustees thereof for investment, by what- may be ever instrument or appointment such trusteeship shall arise, it shall one fund. be lawful for the Cornpsn!~ to invest such moneys as one fund in one or several securities, ad to distribute the income arising from such securities after deducting all proper charges rateably among the several estates whence the moiicys SO invested were derived ; and any loss arising from any s~~ch investnwnt shall likcwisc bc borne rateably - by. the same several estates: Yrovided that no money belonging to any estate shall be invested upon any srlcurity not authorised by the nature of the trust: And provided further that any money held by the Company upon trust for investment may be deposited at interest in the savings Bank of South Australia, or may 1~ placed in soine incorporated or chartered Bank in Adelaide upon fixed deposit, unless the terms of the trust shall expressly forbid such mode of investnent. 17. The manager or other authorised officer of t,he Company Declarationby shall, on the first Monday in May and the first Monday in November manager. in every year during which it carries on business, make before a Justice of the Peace a declaration in the form contained in the First Schedule hereto, or as near thereto as circumstances will admit, and a copy of such declaration shall be put in a conspicuous place in the registered office of the Company, and, shall be given to any trustee, cestui-que-trust, legatee, or beneficiare of estate under administration,

8 48" & 49" VICTORIE, PKIVATE ACT. Bxecutors Company's Act,--l administration, or to any member or creditor of the Company who applies for the same upon payment of a sum not exceeding One Shilling. and a copy thereof shall be forwarded to the Registrar of Companies, and shall bc filed by him. Report and declaration by auditors. Notice of winding up estate. Jhidencs of appointment of manager. Incorporation and powers of company, except so far as specially altered, to remain. Commencement of Act. Short title. 18. No appointment of aoditors by the Company shall be valid until the same shall have been approved by the Treasurer of the said province, and the auditors of the Company shall, after every annual audit, attach to the Company's halance-sheet a report in the form contained in the Second Schedule hereto, or as near thereto as circumstances may permit. 19. Immediately after the winding up of every estate, and filing the accounts thereof, the Company shdl insert in the Government Gazette, and in one or more of the daily newspapers published in Adelaide, a notice that such particular estate has been closed, and a copy of such accounts shall remain opcn for the inspection of the devisees, legatees, and other beneficiares under such estate for a period of twenty-eight days, at the office of the Company, at all reasonable times, arid such devisees, legatees, and beneficiares shall be entitled to take copies or extracts thereof free of charge, or, if so requested by the persons so entitled, the Company shall, 011 receiving payment, at a rate not exceeding Sixpencc per common law folio, furnish such copies or extracts as so requested. 20. For all purposes under this Act, the productiorl of a certificate under the seal of the Company and hands of two of the directors thereof, certifying that the person named therein is the manager of the Company, shall be sufficient evidence of the due appointment of such person as manager. 21. Excepting so far as is herein expressly provided, the Company shall remain and he subject to the same restrictions, liabilities, penalties, privileges, and powers as it is subject to under its present incorporation, and this Act shall not otherwise affect the incorporation of the Company. 22, This Act shall come into operation on the first day of January, one thousand eight hundred and eighty-six. 23. This Act may be cited for all purposes as the " Executors Company's Act, 1885.'' In the name and on behalf of Her Vajesty: I hereby assent to this Bill. WILLIAM C, F. ROBINSON, Governor. SCHEDULES

9 PRIVATE ACT. - - Executors Compa~zy's Act SCHEDULES ABOVE REFERRED '1'0. FIRST SCHEDULE. Financial Statement. 1, manager [or, as the case may be1 of the Executor, sec. 17. Trustee, and Agency Company of Suuth Australia, Limited, do solemnly and sincerely declarer. That the liability of the members is limited. 11. That the capital of thc company is Pounds, divided into shares of Pounds each That the number of shares issued is IV. That calls to the amount of Pounds per share have been made, under which the sum of Pounds have been received. v. That the amount of all moneys received during the half-year ended on the first day of April [or, October] last on account of estates is $2 PI. That the amount of all moneys paid during the half-year ended on the first day of April [or, October] last on account of all estates is S vrr. That the amount, of all moneys invested on account of a11 estates under the control of the Company is % vrrr. That the amount of the balances held on the first day of April [or, October] last to the credit of all estates under the control of the Company is ;E rx. That the liabilities of the Company on the first day of April [or, October] last were- Debts payable to sundry persons by the Company- A. On judgment... S : B. On specialty... C. On notes or bills... D. On simple contracts... E. On estimated liabilities Total liabilitie~... S : X. That the assets of the Company on the first day of April [or, October] last were- A. Government securities..... f: : B. Loans on mortgage... C. Rills of exchange and promissory notes D. Cash at banker8... E. Other property Total assets S : XI. That the present directors of the Company are :- I 8 Surname. / Chriatia Name. l Address. l Occupation, xxr. That the present manager of the Company is XIII. That the office of the Company is situated at And I make this solemn declaration, conscientiously believing the same to be true, and by virtue of the provisions of an Act made and passed in the sixth year of the reign B I l

10 PRIVATE ACT. - - Executors Company's Act reign of His late Majesty King William the Fourth, intituled An Act to repeal an Act of this present scvsion of Parliament, entituled ' An Act for the more effective abolition of oaths and affirmalions taken and made in various departments of the State, and to substitute declarations in lieu thercof, and for the more entire suppression of voluntary and extrajudicial oaths and affidavits, and to make other provisions for the abolition of unnecessary oaths.' " " Declared befbre me at Adelaide, this day of 18. Sec. 18. SECOND SCHEDVLE. Auditors' Report. We have examined the [annexed or above] balance-sheet madc up to the day of, 18, and report that we find the several items therein stated to conform to the balances in the general ledger, cash, and otlrcr account books. We have counted the cash balance and examined the securities held by the Company, and hereby certify that we have found them correct. We have also audited the accounts, and epmined the securities relating to all estates that now are or have during the past year been under the control of the Company, and hereby certify that we have fbund the same correct. the Adelaide, day of 1 Auditors Adelaide : By authority, E. SPILLER, Goyernmeat Printm, North-terrace,