Page:Public General Statutes 1896.djvu/362

This page has been proofread, but needs to be validated.

342

Ch. 35.

Judicial Trustees Act, 1896.

59 & 60 Vict.

(2) respecting the safety of the trust property and the custody thereof:

(3) respecting the remuneration of judicial trustees and for fixing and regulating the fees to taken under this Act so as to cover the expenses of the administration of this Act, and respecting the payment of such remuneration and fees out of the trust property, and, where the judicial trustee is an official of the court, respecting the application, of the remuneration and fees payable to him :

(4) for dispensing with formal proof of facts in proper cases:

(5) for facilitating the discharge by the court of administrative duties under this Act without judicial proceedings and otherwise regulating procedure under this Act and making it simple and inexpensive ;

(6) for assigning jurisdiction under this Act to county court judges and defining such jurisdiction ;

(7) respecting the suspension or removal of any judicial trustee, and the succession of another person to the office of any judicial trustee who may cease to hold office, and the vesting in such person of any trust property :

(8) respecting the classes of trusts in which officials of the court are not to be judicial trustees, or are to be so temporarily or conditionally:

(9) respecting the procedure to be followed where the judicial trustee is executor or administrator :

(10) for preventing the employment by judicial trustees of other persons at the expense of the trust, except in cases of strict necessity :

(11) for the filing and auditing of the accounts of any trust of which a judicial trustee has been appointed.


(2.) The rules under this Act may be made by the Lord Chancellor, subject to the consent of the Treasury in matters relating to fees and to salaries and numbers of officers, and to the consent of the authority for making orders under the Solicitors Remuneration Act, 188144 & 45 Vict. c. 44. in matters relating to the remuneration of solicitors. The rules shall be laid before Parliament and have the same force as if enacted in this Act, provided that if, within thirty days after such rules have been laid before either House of Parliament during which that House has sat, the House presents to Her Majesty an address against such rules or any of them, such rules or the rule specified in the address shall thenceforward be of no effect.

Definitions5. In this Act—
The expression "official of the court " means the holder of such paid office in or connected with the court as may be prescribed.
The expression " prescribed " means prescribed by rules under this Act.

Short title6.—}(1.) This may be cited as the Judicial Trustees Act,1896

(2.) This Act shall not extend to any charity, whether subject to or exempted from the Charitable Trusts Acts, 1853 to 1894