eae Succession. [Cap, 34. 907 CHAPTER 34, é SUCCESSION. NOTICE under s. 11 The office of the Administrator General has been fixed as @.N. 50 of the office in whieh declarations of domicile may be deposited. 1%” NOTICES under s. 234, APPOINTMENT OF DELEGATES. The High Court has appointed district registrars, as 1:5 146 of appointed by the Chief Justice under rule 2 of Order XLIV a of the Civil Procedure Rules to act as delegates to grant probate and letters of administration in non-contentious cases within the local limits of their district registries. The High Court has appointed the district registrar, LN. 01 of Mbarara, to act as delegate to grant probate and letters of 10 administration in non-contentious cases within the local limits of his district registry. ORDER made by the Governor under s. 334. The Governor has exempted the estates of all the natives G.N. 22a of the Protectorate from the operation of the Ordinance and jg9g""" “a the estates of Mohammedans from the provisions of Part Vv of the Ordinance. RULES _ made by the High Court, with the approval of the Governor, under 8, 338. SAFE CUSTODY OF WILLS. 1. These rules may be cited as the Safe Custody of Wills Gx Rules. 4 38 ofaa Snecession, j Cap. 2. Any will deposited in the High Court under the of the Ordinance may he deposited with the Regis High Court or a deputy registrar at Kampala or registrar at Jinja, and may be sent to any of ¢] hy registered post. Provision, trar of the the distrieg hose offiearg 3. Such will shall be enclosed in a sealed envelope whieh shall have endorsed upon it the particulars in the Firgt Schedule hereto annexed and shall be accompanied by a copy of such particulars, 4. (a) A will shall not be withdrawn from the custod: the court without the order of a Judge of the High except upon application in writing— (i) during the lifetime of the testator, testator, by the advocate of the testator or th testator duly authorised in that behalf by attorney; or (ii) after the death of the testator, by one of named in the endorsement mentioned in rule the advocate of such executor, by his a, 'y of Court made by the e agent of the his power of the exeeutors 3 hereof, by gent duly authorised ry the Administratot es specified in the Second Schedul le hereto shall be pect of the matters therein set forth, —S= FIRST SCHEDULE, P ae S288910 LN. 88 of 1937. Short title. Interprete- tion, Accounts and Cap. 36] Public Trustec ) OHAPTER 36, PUBLIC TRUSTHE, NOTICES under s, 2. APPOINTMENT OF PUBLIC TRUSTER The Governor has appointed the Administrator to be Public Trustee for the Protectorate. General APPOINTMENT OF DEPUTY PUBLIC TRUSTER The Governor has appointed the Assistant Administr General to be Deputy Public Trustee for the Protectoran RULES made by the Governor under s. 17. 1. These rules may be cited as the Public Trustee Rules, 2, In these rules unless the context otherwise requires— “‘ Public Trustee ’’ includes a deputy public trustee. 3. The Public Trustee shall keep the following: accounts, other record’ «+.tements and other records, namely— to be kept. (a) acash book; (b) a ledger account of trusts which shall contain separate and distinct accounts for each trust and shall show in detail every debit and credit item and every transaction relating to each trust; (c) a register of trusts in which particulars of the property compri the nature and value of the tr which it is subject, the rents and interests, collected, and all dealings with the trust prop (d) a register of investments which shall following information— (i) name of trust; (ii) amount invested and full pa of investment; shall be registered full ed in each trust showing property, the trusts Inte payable and perty i contain the rtieulars and nature _ee aE ae ee ae ee es es é Public Trustee. [Cap. 36. 911 (iii) date of investment; id (iv) rate of interest; . (v) when interest payable; (vi) date of repayment; and (vii) remarks column in which shall be inserted any remarks relating to action taken. 4. The ¢: book shall be balanced at the close of eve Cosh month and shall be laid before the Public Trustee, who T falanced and satisfy himself that the balance is co: ¢ and shall initial initialed. the book in token of his having so satisfied himself. 5. The Public Trustee shall not at any time retain in his Limit of hands a larger cash balance than Shs. 100. Any e above balance to be that sum shall be lodged as soon as possible to the credit of the Public Trustee in an account to be opened in his name in such bank or banks as the Accountant General shall approve. 6. The Public Trustee may invest or retain invested money Method of belonging to any trust or estate and coming to his hands in any (ieunen. of mode of investment expressly or impliedly authorised by the : trust instrument or (if there is no trust instrument) authorised by law for the investment of trust funds, and may, if authorised by the trust instrument or otherwise by such law, retain any investment existing at the date of the commence- ment of the trust. The Public Trustee shall not, however, invest in or hold any investment in such manner as to expose himself to liability as the holder thereof, unless he is satisfied that he is fully indemnified or secured against loss. 7. The Public Trustee may make temporary advances for Advance to the purposes of any particular trust out of any cash balance ¢{"*, standing to the credit of his general trust account with the 7 bank on such terms as he may think proper. =, _ 8. All securities yesting in the Public Trustee and coming Custody of into his possession and also other assets such as jewels, “ties ornaments and articles of a like nature also title deeds and doouments. other documents belonging to the trust may either be lodged in the bank for safe custody or may be retained by the Public | ‘Trustee in his own custody as he may in each case consider advisable. 9. (1) The accounts of the Publie Trustee shall be closed Tt on the 30th June and 31st December in each year and no tecinta‘” person other than a beneficiary shall be entitled to inspect lve. UVou. vit—2 only upon * / order of court, aig). eee; Cap. 36.] Public Trustee, oi Jap. 36.) ue alae y of the trust Xecounts in the ustee except in pursuance of POSsog6i, lor ; on of ™ order of th the Pay (2) Upon and subject to the te e f tele alll Coun the Public Trustee rd (q) shall at the expense of the his solicitor or other authorised , entry in any r ister oy estate and (so i t property is or m; notice or other Trustee or with \ {plicant gy th ay hing fet OF the apes tty Ay be affected then oF att in document in the Custody gp ty decount an extra © Py ‘act there from (0) shall give to the a authorised agent such in estate and the tr requested in the a of the Public Trus: (3) Subject strict secreey j administration by him, 10. The acco Public Trustee and the Securities held j i i shall be Verified, f, time as the Gove i the Director of Audit, : i Pelican or his oie) formation vese nce Ust property al re . lication and shall pee be the ety a within the pet observe Andit, Trust for ll. The Public Trustee shall Not ac Sligions religious Purposes ich j oO trustee of any IS obsery; decision of ai Ly character of any ij itution, tae _ 2 The Publie Trustee shall not accept any trust whieh A i volves the i . or ir management or car; carryin, of business” €XCept for the pur, 38 ‘Pose of winding up forthwith sueh eit 1M order to Tealise the trust funds. Tn any age. 42 a shall is necessay wind up any business the Public Tha © entitled to employ, at the expense of the trust, ate purse °F persons ag may in his opinion be necessary for ple for any 80 Winding up the usiness, and shall not be lial ness. loss which may oceur in the management of such bus Meregenent 13. Ty ment 5 ical manage!" i der to Secure efficient and economical ul 4 ; the $f immovable mmovable trust Properties under the charge of explo Property, Trustee, it shal) Open to the Public Trustee - ouside! anager and such assistants as he m : iPublic Trustee [Cap. 36. necessary for the management thereof instead of employing separate managers and assistants in the ease of cach trust. and assistants and other The of the r able expenditure ineurred in the eare and upkeep of the immo trust properties, which are not incurred specifically 0 of ticular trust concerned, shall be rateably divided gst all the trusts eoneerned in proportion to the amount of the annual collections of the various properties, taking also into account the nature and the amount of work involved in the ma hh trust shall, however, be debited wi expenditure solely and exclusively incurred on i general expenditure shall be so regulated that in no case shall any trust be debited with larger sum than it would ordinarily cost to manage it were the property belonging to it placed under the management of its own separate staf. 14. The Public Trustee may, in the administration of any trust or estate, take and use professional advice and assist in regard to legal and other matters, and may act on credible information (though less than legal evidence) as to matters of fact. 15. The fees payable to the Public Trustee shall be the fees set forth in the Schedule to these rules. 16. All money payable by the Public Trustee to the bene- ficiaries shall be payable at the office of the Public Trustee in Uganda, and the Public Trustee may in his absolute dis- cretion decline to make any such payment or hand over any securities or documents of title except to the beneficiary in person. 17. The Publie Trustee may at any time require such evidence as he may think sufficient that a person is alive and is the person to whom any money or property is payable or transferable, and may refuse payment or transfer until such evidenee is produced, 18. When a person appearing to be beneficially entitled to any sum under a trust in the hands of the Public Trustee or to be interested in the trust property cannot be found, or it is not known whether he is living or dead, the Public Trustee may apply to the court for directions as to the course to be taken with reference to such person and, until an order of the court is made, shall retain any sum payable to such person and may inyest the same as provided in rule 6 of these rules and accumulate the interest thereof. U—Vor, VIL—2* 913 Publie Trustee > may take professional advice an assistance. Foes. Payments to beneficiaries. Evidence as to identity, ete., of persons. Provedure where persons entitled eannot be found.© 15. Public Trustee. o14 Cap. 36.] Ereetare 19. Before any application is made to the court for ¢y appointment of the Public Trustee as trustee of any proper” whatsoever and whether for the reasons mentioned in seetion of the Ordinance or otherwise, the applicant shall give tg is 5 re Public Trustee seven clear days notice in writing of 14 intention so to do and shall supply him with o aan es ig petition to the court and of any documents annexed thoret, and a certified copy of any trust instrument or other doe. ments affecting the trust property and such particulars aa information appertaining thereto or to the beneficiary or an other person interested therein as the Public Trustee may consider it desirable to obtain in any particular case. Att having been supplied with such information the Publie Trustea shall decide whether the trust shall be accepted or refused and shall give the applicant notice of such acceptance or refusal and, in case of acceptance, shall signify in writing hig consent to act in the trust and the terms upon which his ent is given. co: SCHEDULE. FEES. The scale of fees chargeable by the Public Trustee shall be as follows :— (2) a fee on acceptance of a trust at the following rate— (i) if the gross capital value of the trust property at the date of acceptance does not exceed Shs. 20,000, two per cent. in respect of that value; (ii) if the gross capital value at the said date exceeds Shs. 20,000 then two per cent. in respect of that value up to Shs. 20,000 plus one-and-a-half per cent, in respect of any excess of that value over Shs. 20,000 to Shs. 40,000 plus one per cent. in respect of any excess of that value over Shs. 40,000 ; () upon distribution amongst the beneficiaries of any capital from the trust property, a fee at the same rate as in (2) (ii) : Provided that— the minimum fee under the two preceding clauses of this Schedule in each case shall be Shs, 20; (c) upon the sale or purchase by the Public Trustee of any land or upon any investment by the Public Trustee by way of mortgage or charge on property, a fee of two-and-a-half per cent. on the amount of the purchase-money or of the money advanced by way of mortgage or charge as the case may be ; (d) on the annual income accruing for the benefit of any trust either from money invested or from properties held in trusb, such fee by way of percentage as the Public Trustee, with the approval ihe Governor,* may fix, but in no case shall the fee charged exoced eig! per cent, * Power delegated to the Financial Secretary.