aforesaid anything to the contrary herein contained notwithstanding. 98. It shall be lawful for the Master to summon any tutor, whether testamentary or dative, and any curator, whether nominative or dative, and any curator bonis, to show cause why any account which under the last preceding section ought to have been lodged with the Master has not been lodged, and the provisions of the fifty-fifth, fifty-sixth and fifty-seventh Sections of this Proclamation shall mutatis mutandis apply to all proceedings taken by the Master in pursuance of this section. 99. Every tutor, either testamentary or dative, and every curator, either nominate or dative, shall in respect of his administration and management of any estate be entitled to claim, receive, or retain out of the assets of such estate a reasonable compensation for his care and diligence in the said administration, to be assessed and taxed by the Master, subject to the review of the Supreme Court, or any Judge thereof, upon the petition of any such tutor or curator, or of any person having an interest in the said estate. THE GUARDIAN'S FUND. 100. All moneys paid to the Master by the Treasury on account of moneys received by the Government of the late South African Republic from the then Orphan Master, and all moneys paid to the Master under the provisions of the fifty-third, sixty-third, eighty-third, ninety-fifth and ninety-sixth Sections of this Proclamation, and of Section one hundred and twenty-eight of the Insolvency Law No. 13 of 1895, shall form and become part of the fund heretofore and hereafter to be known in law as "The Guardian's Fund;" and whenever any such money shall be received by the Master he shall open an account in the books of the said fund with the person to whom or the estate to which such money belongs: Provided that if it be not known to whom any such money belongs, or if in the case of minor heirs it is more convenient, the account may be opened in the name of the estate from which such money is derived. 101. Interest shall be allowed on every sum of money so received by the Master for account of any minor or lunatic from the first day of the second month after such money has been received, and until the date on which such minor or lunatic shall become entitled by law to draw the capital and no longer: Provided that on the first day of January in each year the interest that has become due on any moneys as aforesaid shall be added to the capital in the books of the Guardian's Fund, and in case such interest is not drawn by the person entitled thereto previous to the first day of January following, interest shall be allowed on the accumulated sum. 102. The rate of interest for the purposes of the last preceding Section shall be such as the Governor may from time to time determine, provided that it be not less than three-and time one-half per centum per annum, and that if it be at any reduced, at least six months' notice shall be given before such reduction shall take effect. Proc. No. 28 of 1902. Payment into and withdrawal from bank with which the general account of the 103. All moneys paid to the Master under the provisions of any law for the purpose of being placed to the credit of the Guardian's Fund, shall be paid into the Bank with which the General Account of the Government is kept, to the credit of a Government is kept separate account to be styled "The Guardian's Fund Deposit of Guardian's Fund Account," and the Master may from time to time withdraw money. any part of such moneys by cheques or drafts, signed by himself, and drawn in accordance with such financial regulations as the Governor may have approved. Master to pay curators. 104. It shall be lawful for the Master to pay any sum of money which is placed to the credit of any person, or of any credit of persons or moneys placed to the estate to the person by law entitled to demand and receive estates to persons enthe same, and also to pay to any tutor or curator of any minor, titled to receive the lunatic, insane or absent person, or of any estate, the whole or same, or to tutors or any part of such sum of money as in the books aforesaid shall at the time be placed to the credit of such minor, lunatic, insane or absent person of such estate as aforesaid, and as such tutor or curator is by law authorised or required to expend or dispose of for any purpose concerning, touching or in respect of, or with reference to, the person or estate under the guardianship of such tutor or curator; and when it shall appear to the Master that it is either unnecessary or illegal for such tutor or curator to expend or dispose of any such sum of money for the purpose for which it is alleged that the same is to be appropriated, it shall be lawful for the Master to refuse, or to suspend making such payment until the Supreme Court, or some Judge thereof, shall have made an order directing such payment to be made. 105. In any case in which the total amount standing to the credit of any minor or lunatic in the Guardian's Fund does not exceed one hundred pounds, it shall be cempetent for the Master, if after careful enquiry it shall appear to him to be for the interest of such minor or lunatic to do so, to pay and apply the whole, or any part of such amount, for the maintenance, education or other benefit of such minor or lunatic: Provided always that nothing herein or in the last preceding section contained shall authorise the Master to disregard or act contrary to the terms of any will or other deed under the provisions for which such amount shall have been received. year, 106. The Master shall, in the month of April in each cause to be drawn up a list of all amounts standing in the books of the Guardian's Fund to the credit of any person unknown or not residing, and not having any known legal representative in this Colony, and shall cause the same to be inserted in the Gazette, and shall forthwith transmit two or more copies thereof to the Attorney-General, who may cause the said list, or any portion thereof, to be published in such manner as shall be deemed most expedient, in any country or countries to which any person or persons interested may be supposed to belong; and in the said advertisements all persons shall be invited to Master's powers as to sums under £100 credited to minors and lunatics. Proc. No. 28 of 1902. Lapse to the Crown for forty years. submit their claims to the Master: Provided that no such amount being less than ten pounds need be advertised more than twice. 107. When any money which has been placed to the credit of moneys unclaimed of any person or estate in the Guardian's Fund shall remain unclaimed by any person having a just and lawful right thereto, for a period of forty years from the date when the same was paid into the said fund, then such money shall lapse and be forfeited to the Crown, and a draft for the amount thereof shall be passed by the Master accordingly to the Colonial Treasury. Investment of of the Guardian's Fund. 108. The Master shall from time to time, and so soon as he moneys to the credit shall find opportunity to do so, invest on mortgage of immovable property, or in any stock, debentures or other securities which may be issued by the Government of this Colony, and be charged upon the public revenue thereof, all such moneys standing to the credit of the Guardian's Fund as shall not be required to meet the current expenditure of the said fund: Provided that no such investment shall be made by the Master without first consulting thereupon with two advisers, who shall be from time to time appointed for that purpose by the Governor, or in the event of both or either of them refusing consent, unless he shall have applied to and obtained from the Supreme Court, or any Judge thereof, an order of such Court or Judge authorising him to make such loan: And provided also that it shall not be lawful for any loan on mortgage to be made to or in favour of the Master or either of his said advisers. Bonds to be payable Fund. 109. All bonds for money invested on mortgage shall be to the Guardian's made payable to the Master of the Supreme Court administering the Guardian's Fund, and it shall be lawful for the Master to cede and assign, or to demand, enforce and receive, payment. of any such bond and of the interest due thereon. 110. So soon after the first day of January as may be convenient in each year, the books and securities of the Guardian's Fund shall be examined by the Auditor-General and the Controller of the Treasury, hereinafter called the Examiners, who may call to their aid such person or persons as the Attorney-General may approve. 111. The Examiners shall ascertain : (a) The total amount of principal and interest due on the (b) The amount invested upon mortgage or otherwise; and (d) The balance of the profit and loss account of the previous year. 112. The Examiners shall deliver to the Master a certificate of the balance on the profit and loss account so ascertained by them, and he shall forthwith forward a copy of the certificate to the Attorney-General. If it be a credit balance he shall thereupon pass a draft to the Colonial Treasury for the amount so certified. Course of procedure in case of irrecoverable invest 113. If the Master shall be of opinion that any portion of the Guardian's Fund invested in any manner has become irrecoverable, he shall submit the particulars thereof to the ments. Examiners, who, if they concur in that opinion, shall give a certificate of their concurrence to the Master. The Master shall thereupon report the fact to the Attorney-General, who may direct that the said amount be treated mutatis mutandis as irrecoverable revenue, and be charged to the profit and loss account of the Guardian's Fund. PART IV. GENERAL. 114. If any person shall by will, or other deed, have appointed the Master in his official capacity to be the executor of his estate, or tutor testamentary of any minor, or curator nominate of any estate or property given or bequeathed by him to any minor or lunatic, such appointment shall be null and void; and proceedings shall be taken for the appointment of an executor dative, tutor dative, or curator dative, as the case may be, just as if no such appointment of the Master had been made. Invalidity of appointment of Master as executor, tutor or curator. Master to keep register of executors, sureties. tutors, curators and 115. The Master shall cause to be kept a register containing the names of every executor to whom letters of administration have been granted and of every surety for any executor dative, and also a register containing the names of every tutor and curator to whom any letters of confirmation have been granted, and of every surety for any such tutor or curator; and whenever any order for sequestration shall, under the provisions solvency of such perof Law No. 13 of 1895, be lodged with the Master he shall cause the said Registers to be examined, and (a) If the insolvent is the executor, or the surety of an (b) If the insolvent is either a tutor or curator of any (c) If the insolvent is a surety for any tutor or curator the son. Proceedings on in Proc. No. 28 of 1902. Records of Master's office, &c. Master to forward trates. move any competent Court for the removal of such tutor or curator without in any way affecting the liability of such tutor or curator up to the time of his removal, or impairing the validity of any security, or releasing any surety or his estate. 116. The Master shall preserve of record in his office all original wills, codicils, testamentary instruments, death notices, inventories, and liquidation, administration and distribution accounts lodged with him under the provisions of this Proclamation, and any person may, at any time during office hours, inspect any ruch document and obtain a copy thereof, or an extract therefrom, on payment of the fees specified in the Schedule "E" to this Proclamation: Provided always that any person holding office under the Government of this Colony shall be, and is hereby authorised, without the payment of any fee, to inspect any such deed or document aforesaid, and to take a copy thereof or extract therefrom whenever it shall be necessary or expedient that the same should be done by any such person in the discharge of the duties of his office. 117. The Master shall, as soon as may be after the exduplicates to Magis- piration of each month, forward the duplicates or copies certified by him, of all accounts lodged with and accepted and filed by him, to the Resident Magistrates of the respective districts in which the persons to whose estates such accounts relate ordinarily resided at the time of their decease, or in any case in which any such person resided abroad to the Resident Magistrate of Pretoria; and every such Resident Magistrate shall file such duplicates or copies in his office, and any person may at any time during office hours inspect or obtain a copy of or extract from any such duplicate or copy or any other document filed by the Resident Magistrate under the provision of this Proclamation on payment of the fee which would be payable to the Master for such inspection copy or extract. Liability of Master for costs of actions by or against him. Property exempt 118. When the Master shall be plaintiff or defendant in any action instituted by him or against him in his official capacity, and with reference to any matter or thing placed under his guardianship, control or superintendence, or which he is required to do or cause to be done, under and by virtue of the provisions of this Proclamation, and the party against whom such action has been instituted by the Master, or by whom it has been instituted against him, shall have his costs in and with respect to such action adjudged to him by the Court before which such action shall have depended, the Master may draw the amount of such costs from and pay the same out of the credit balance of the Guardian's Fund, unless the said Court shall order that the said costs shall be paid by the Master out of his private funds: Provided that nothing herein contained shall be deemed to limit the power of the Governor to specially authorise that any costs incurred or paid by the Master shall be defrayed out of the Guardian's Fund. 119. The provisions of this Proclamation shall not extend from operation of this or apply to the estate or effects (except immovable property) of Proclamation. |
