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S.I. No. 14/1927 - The Public Trustee Rules, 1927.

STATUTORY RULES AND ORDERS, 1927. No. 14:

THE PUBLIC TRUSTEE RULES, 1927.

LAND PURCHASE ACTS.

THE PUBLIC TRUSTEE RULES, 1927, made the 27th day of January, 1927, and approved by the Minister for Lands and Agriculture, the 31st day of January, 1927.

I, PATRICK HOGAN, Minister for Lands and Agriculture, hereby approve of the following Rules :—

PATRICK HOGAN.

31st January, 1927.

In pursuance of the provisions of Section 52, sub-section 15, of the Irish Land Act 1903 and of every other power The Honourable William Evelyn Wylie, one of the Judges of the High Court, and the Land Commission with the approval of the Minister for Lands and Agriculture hereby order that the following Rules shall from and after the 31st day of January, 1927, and until further Order be in force for the purpose of carrying into effect the provisions of Section 52 of the said Act and regulating the exercise of the powers and duties of the Public Trustee, and that the said Rules shall be read with the Public Trustee Rules 1904 and 1908 as adding to and amending same as may hereafter appear.

1. These Rules may be cited as " The Public Trustee Rules 1927, " and the expression " the 1904 Rules " hereinafter appearing shall mean " the Public Trustee Rules 1904."

2. The Minister for Lands and Agriculture may exercise the power conferred by Rule 5 of the 1904 Rules on the Lord Lieutenant of appointing a Deputy in case of the illness or unavoidable absence of the Public Trustee.

3. In any case where the Order of the Court vests lands or hereditaments in the Public Trustee as Trustee of a Settlement, a Memorial of such Order shall be registered in the Registry of Deeds, Dublin.

4. The Public Trustee must, when required in writing by the Officer of the Court, make out and file with such Officer the Statement as required by Rule 18 of the 1904 Rules, but otherwise it shall not be obligatory for him to furnish such Statement.

5. Rule 20 of the 1904 Rules is hereby rescinded and there shall be substituted in lieu thereof the following Rule, viz.:—

All payments by the Public Trustee in respect of Trust Funds under his sole control shall be made by Drafts upon the Bank signed by him and countersigned by one of two Officials to be nominated by the Minister for Lands and Agriculture.

6. All payments in respect of income on trust funds vested in the Public Trustee jointly with two or more Co-trustees shall be made by Drafts upon the Bank signed by him and by any one of such Co-trustees unless any one of such Co-trustees shall require in writing that such Drafts be signed by all of them.

7. Where the Public Trustee has been appointed sole Trustee of a Settlement and the whole or part of the income arising from the trust funds vested in him as such Trustee is payable by him to a particular person or persons, a Memorandum setting out the names and descriptions of the persons entitled to such payments shall be signed by the Public Trustee and countersigned by the Officials mentioned in Rule 5 of these Rules, and lodged with the Bank by way of a standing Direction, whereupon all payments in respect of such income to the persons named in said Memorandum may be made by Drafts on the Bank signed by the Public Trustee alone and such Drafts shall not thereupon be subject to the requirements of Rule 5 of these Rules until such Direction is cancelled by notice addressed to the Bank signed by the Public Trustee and said Officials.

8. Where the Public Trustee has been appointed Trustee of a Settlement jointly with another person or persons, and the whole or part of the income arising from the funds vested in them as such Trustees is payable periodically to a particular person or persons, on obtaining the written consent of such Co-trustee or Trustees all payments in respect of such income to the persons named in such consent may be made by means of Drafts on the Bank signed by the Public Trustee alone.

A duplicate of the consent shall be lodged with the Bank by way of a standing Direction until cancelled by writing signed by the Trustees or by any one of them.

9. Notwithstanding Rule 22 of the 1904 Rules, the Public Trustee may deposit any muniments of title lodged with him in the Strong Room of the Land Commission instead of in the Bank, and where any such muniment of title or other document has already been lodged with the Land Commission in connection with Land Purchase proceedings, the Public Trustee may require that such document be not handed out to any person without his written consent.

10. Rule 33 of the 1904 Rules is hereby rescinded.

W. E. WYLIE.

27th January, 1927.