34

B.—9.

had a long experience in this class of work which it is able to apply to good advantage. The Public Trustee has representatives all over the Dominion, and recognized officials and others act as agent for him in various centres abroad. By utilizing the Office organization, by means of advertising, and the assistance of Consular Agents and other officials inquiries can be promptly conducted. It frequently happens at the time of distribution in a trust estate that a share has been given to a person whose address is then unknown or of whom there is no information as to whether such person be dead or alive. In the case of intestacy, too, there may be no information as to the survival or the whereabouts of a relative who, if surviving the intestate, would according to the statutes governing the distribution of intestate estates be entitled to participate in the residue. In estates under administration by the Public Trustee where either of these circumstances arises recourse to section 25 of the Public Trust Office Amendment Act, 1913, may be economically and conveniently had. This section provides that where any part of an estate cannot be distributed by reason of the fact that it is not known to the Public Trustee whether the person entitled thereto is alive or dead, or where that person is, the Public Trustee may apply to the Supreme Court for directions in accordance with the section. Upon consideration of such a petition the Judge directs what advertisements are to be issued calling upon the person concerned to make a claim within a time specified in the order. After this condition has been complied with, and provided that the person concerned, or others claiming through such person, have not sent in a claim, the Judge has power to authorize the Public Trustee to distribute the estate, or the relative part of it, disregarding the claims of that person and all persons claiming through him or her. The Judge may, if he thinks fit, direct that such order shall not be acted upon for any period not exceeding one year from the date of the order, and may further require it to be advertised during that period. It is important to note that the section does not prejudice or affect in any way the right of the person in question or those claiming through him to follow the estate or any relative part of it into the hands of persons receiving it under a distribution authorized in accordance with the section. The usefulness of the procedure so provided is exemplified by the numerous applications which are made in pursuance of it. It is necessary to explain, however, that the machinery set up by it is not put in motion until thorough inquiries have first been made through the usual channels and in the manner suggested by the circumstances of each particular case. Claims under the Workers' Compensation Act, 1922. 54. The Public Trustee's interest in claims under the above Act may arise— (1.) Where he is an employer within the meaning of the Act liable to pay compensation : (2.) Where he is the representative of a deceased employer similarly liable : (3.) Where he is the representative of a deceased worker: (4.) Where he is the statutory administrator under the Mental Defectives Act, 1911, of a mental patient's estate and the condition of the mental patient is the result of causes which create a valid claim for compensation : (5.) Where he is the custodian of compensation moneys payable to a person who is under the age of twenty-one years, or who is of unsound mind, or who is subject to any other legal disability. (6.) Where he is the statutory custodian of compensation moneys payable in respect of the death of a worker. As Employer.—The Public Trustee in his corporate capacity as the legal representative of a deceased person's estate may be an employer of labour and liable under the Act to pay compensation. As has been pointed out in the report of Departmental Committee on Workmen's Compensation under the Chairmanship of Holman Gregory, Esq., K.C., and presented to the Imperial Parliament in