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PUBLIC TRUSTEE ACT 1906 - SECT 11

Mode of action of public trustee.

11.(1) The public trustee shall not, nor shall any of his officers, act under
this Act for reward, except as provided by this Act.

(2) The public trustee may, subject to the rules made under this Act, employ
for the purposes of any trust such solicitors, bankers, accountants, and
brokers, or other persons as he may consider necessary, and in determining the
persons to be so employed in relation to any trust the public trustee shall
have regard to the interests of the trust,...

(3) On behalf of the public trustee such person as may be prescribed may take
any oath, make any declaration, verify any account, give personal attendance
at any court or place, and do any act or thing whatsoever which the public
trustee is required or authorised to take, make, verify, give or do: Provided
that nothing in this Act or in any rule made under this Act shall confer upon
any person not otherwise entitled thereto any right to appear, or act, or be
heard in or before any court or tribunal, on behalf or instead of the public
trustee, or to do any act whatsoever on behalf or on the instructions of the
public trustee, which could otherwise only be lawfully done by a barrister or
a duly certificated solicitor.

(4) Where any bond or security would be required from a private person... upon
his appointment to act in any capacity, the public trustee,... if he is
appointed to act in such capacity as aforesaid, shall not be required to give
such bond or security, but shall be subject to the same liabilities and duties
as if he had given such bond or security.

(5) The entry of the public trustee by that name in the books of a company
shall not constitute notice of a trust, and a company shall not be entitled to
object to enter the name of the public trustee on its books by reason only
that the public trustee is a corporation, and, in dealings with property, the
fact that the person or one of the persons dealt with is the public trustee,
shall not of itself constitute notice of a trust.

Rules.



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© 1906 Crown Copyright

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