Trustees. direction, from time to time, without any further application to the A.D. 1898. Court, so dispose of any such land or minerals. (3.) This Section does not derogate from any power which a Trustee may have under "The Settled Land Act, 1884," or otherwise. 53 Where a Trustee shall have committed a breach of trust at the instigation or request, or with the consent in writing of a beneficiary, the Court may, if it shall think fit, and notwithstanding that the beneficiary may be a married woman entitled for her separate use, whether with or without a restraint upon anticipation, make such order as to the Court shall seem just for impounding all or any part of the interest of the beneficiary in the trust estate by way of indemnity to the Trustee or person claiming through him. This Section shall apply to breaches of trust committed as well before as after the passing of this Act, but shall not apply so as to prejudice any question in an action or other proceeding which was pending on the Twenty-eighth day of October, One thousand eight hundred and eighty-nine, and is pending at the commencement of this Power to make beneficiary indemnify for breach of 56 & 57 Vict. trust. c. 53, s. 45. Act. PART VI MISCELLANEOUS AND SUPPLEMENTAL. 54-(1.) All the powers and provisions contained in this Act with Application to reference to the appointment of new Trustees, and the discharge and retirement of Trustees, apply to and include Trustees for the purposes of "The Settled Estates Act, 1882," or "The Settled Land Act, 1884," or any Amendments thereof respectively, whether appointed by the Court or by the settlement, or under provisions contained in the settlement. (2.) This Section applies and has effect with respect to appointment or a discharge and retirement of Trustees taking place before as well as after the commencement of this Act. (3.) This Section is not to render invalid or prejudice any appointment or any discharge and retirement of Trustees effected before the passing of this Act, otherwise than under the provisions of "The Conveyancing and Law of Property Act, 1884." 55 A Trustee may, with the sanction of the Court, and notwithstanding any directions given by the instrument under which the Trust arises, raise, by way of mortgage of the trust property or any part thereof, any sum or sums of money which, in the opinion of the Court, it may be necessary to raise for the purpose of the preservation or improvement of the trust property, or its insurance against damage by fire, or for the discharge of any debts or liabilities charged upon the trust property or for the payment of which the trust property may be made available. And any sum so raised may be raised at such rate of interest and shall be repayable at such period as the Court may sanction. Trustees under 46 Vict. No 7. Trustees may with sanction mortgage for the of Court raise by preservation of the estate or like purposes. 56—(1.) In any suit or other proceeding against a Trustee or Statute of any person claiming through him, except where the claim is founded Limitations upon any fraud or fraudulent breach of trust to which the Trustee was may be pleaded by Trustees. party or privy, or is to recover trust property or the proceeds thereof Trustees. A.D. 1898. Decrees, &c. to bind land under "The Real Property Act." Remuneration of Trust estates not affected by a convict. 56 & 57 Vict. c. 53, s. 48, still retained by the Trustee, or previously received by the Trustee and converted to his use, the following provisions shall apply: 1. All rights and privileges conferred by any Statute of Limitations shall be enjoyed in the like manner and to the like extent as they would have been enjoyed in such action or other proceeding, if the Trustee or person claiming through him had not been a Trustee or person claiming through him : II. If the suit or other proceeding is brought to recover money or other property, and is one to which no existing Statute of Limitations applies, the Trustee or person claiming through him shall be entitled to the benefit of, and be at liberty to plead, the lapse of time as a bar to such action or other proceeding in the like manner and to the like extent as if the claim had been against him in an action of debt for money had and received, but so, nevertheless, that the Statute shall run against a married woman entitled in possession for her separate use, whether with or without a restraint upon anticipation, but shall not begin to run against any beneficiary unless and until the interest of such beneficiary becomes an interest in possession. (2.) No beneficiary as against whom there would be a good defence by virtue of this Section shall derive any greater or other benefit from a judgment or order obtained by another beneficiary than he could have obtained if he had brought such suit or other proceeding and this Section had been pleaded. (3.) This Section shail not deprive any executor or administrator of any right or defence to which he is entitled under any existing Statute of Limitations. 57 Where any decree, order, declaration, or document is made or executed under the provisions of this Act, by the Court or by any person, relating to lands held under "The Real Property Act." the Recorder of Titles shall, on application to him by any party interested, cause to be entered in the Register Book every such decree, order, declaration, and document, and thereupon the same shall, as to the land affected thereby, take effect according to the tenor thereof. 58 In any case in which there is not in the instrument creating the trust, or otherwise any provision for remunerating a Trustee, it shall be lawful for a Judge in a summary way to allow such Trustee such remuneration as shall be just and reasonable for his pains and trouble in the execution of the trust, and to determine the fund out of which, or the persons by whom, the same shall be paid. gage, 59 Property vested in any person on any trust, or by way of mortshall not, in case of that person becoming a convict within the Trustee becoming meaning of "The Criminal Law Procedure Act, 1881," vest in any such administrator as may be appointed under that Act, but shall remain in the Trustee or Mortgagee or survive to his Co-trustee or descend to his representative, as if he had not become a convict: Provided that this enactment shall not affect the title to the property, so far as relates to any beneficial interest therein, of any such Trustee or Mortgagee. Trustees. 60 Whenever any application is made to the Court under this Act A.D. 1898. which concerns a person of unsound mind, the Court may enquire, hear, and determine whether such person be deprived of his understanding enquiry in cases Court may order or reason by the act of God so as to be unable to govern himself or where persons of his estate, and may postpone making an Order until after such enquiry, unsound mind hearing, and determination shall have been had and made. are concerned. 61 Upon a Decree of the Court directing a sale of any property of Decree for sale. a deceased person for the payment of his debts, every person seised or possessed of such property, or entitled to any contingent right therein as a Representative of such deceased debtor, shall be deemed to be so seised or possessed or entitled, as the case may be, upon a Trust within the meaning of this Act, and the Court may make an Order wholly discharging the contingent right of any unborn person in such property. 62 The Judges may make general rules for regulating the practice Judges may and fees, and generally for giving effect to the purposes of this Act. make rules. 63 In all proceedings and matters which may come before the Court Costs in discretion Judge under this Act, the Court or Judge may make such order of Court. as to the payment of costs and expenses they or he deem just. 64-(1.) The provisions of this Act, except when otherwise ex- Application of pressly provided, apply as well to trusts, executorships, and adminis- Act. tratorships created by instruments executed before as to trusts, executorships, and administratorships created by instruments executed after the passing of this Act. (2.) Provided always that, save as in this Act expressly provided, nothing therein contained authorises any trustee, executor, or administrator to do anything which he is in express terms forbidden to do, or to omit to do anything which he is in express terms directed to do, by the instrument or instruments creating the trust, executorship, or administratorship. any 65 This Act, and every order purporting to be made under this Act, Indemnity. shall be a complete indemnity to all for persons 56 & 57 Vict. acts done pursuant 53, s. 49. thereto; and it shall not be necessary for any person to inquire concerning the propriety of the order, or whether the Court had jurisdiction to make the same. "An A.D. 1898. AN ACT to amend an Act intituled WHEREAS it is expedient to amend the Act, 21 Victoria, No. 4, PREAMBLE. intituled "An Act for the Relief of Executors and Administrators," in the manner hereinafter appearing: Be it therefore enacted by His Excellency the Governor of Tasmania. by and with the advice and consent of the Legislative Council and House of Assembly, in Parliament assembled, as follows: 1 This Act may be cited as "The Executors and Administrators Short title. Relief Act, 1898." 2 In this Act, the expression "the said Act" shall mean the Act Interpretation. 21 Victoria, No. 4, intituled "An Act for the Relief of Executors and Administrators"; and the word "Executor" shall mean an Executor in any capacity, and "Administrator" shall mean an Administrator in any capacity. 3 Sections One, Two, Five, and Seven of the said Act are hereby Repeal. repealed. 4 An Executor or Administrator may at any time after Probate of Executor or Will or Letters of Administration have been granted to him advertise, Administrator. as directed in the said Act, for claims against the estate of the Testator or Intestate in respect of whose estate Probate of Will or Letters of Administration have been granted to him. |