Post Office savings Bank Ordinance amendment (1864) (WA)
WESTERN AUSTRALIA.
ANNO VICESIMO OCTAVO
VICTORIA', RF,GINS1,.
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NO. I.
AN ORDINANCE to amend " The Post Office Savings
Bank Orclinance?•
[1111?, July, 1864.]
| HEREAS it is expedient to amend " The Post Office Excellency the Governor of Western Australia, and its Dependencies,WSavings Bank Ordinance :" Be it therefore enacted by | Preamble. |
| by and with the advice and consent of the Legislative Council thereof, as follows: |
| 1, IT shall not be lawful for the Post Master General, or any of | Post Master General not to |
| his Officers, to receive from any one present or future depositor any | receive from any. Depositor | |
| ||
| sum or sums exceeding Thirty pounds in the whole, exclusive of com- | year, nor more than £150 | |
| pound interest, in any one year ending on the Thirty first day of | in the whole. | |
| December, nor to receive from any depositor any sum or sums of money whatever, which shall make the sum to which such depositor shall be entitled, exceed the sum of One hundred and Fifty pounds in the whole; Provided, that whenever the sum or sums standing in the name of any depositor shall amount in the whole to Two hundred, |
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Post Office Savings Bank Amendment.
pounds, principal and interest included, that thenceforth no interest shall be payable on any such deposit, so long as it shall continue to amount to the said sum of Two hundred pounds.
| to receive from persons Post Master General not whose deposits amount to | 2, |
THE Post Master General or any of his Officers shall not re- ceive from any such depositor any fresh or additional deposit so long as
| £150. | the sum or sums to which such depositor shall be entitled, shall amount to or exceed the stun of One hundred and fifty pounds. |
| Depositors may withdraw their deposits, and again | 3, | ANY depositor, after having withdrawn any sum or sums of |
| subscribe, provided such | money from and out of the Post Office Savings Bank, may re-deposit in |
| subscriptions do not in any | |
| one year exceed £30. | such Savings Bank at any time or times in any One year, reckoning from the Thirty-first day of December, any sum or sums of money, provided such sum or sums of money re-deposited, and any previous |
| deposit or deposits which shall have been made by such depositor in | |
| the course of the year, taken together, shall not exceed at any time in such year the sum of Thirty pounds additional principal money bearing interest, and the Post Master General or any of his Officers are hereby prohibited from receiving from any depositor any sum or sums which shall make the said depositor entitled at the end of such year, to more than the said additional sum of thirty pounds within Twelve calender months, reckoning from the Thirty-first day of De- cember, as aforesaid. |
IN case any depositor in the Post Office Savings Bank shall die, leaving any sum or sums of money in the said Bank, or any in-
| any sum exceeding 150, the Depositor dying leaving same not to be paid until | 4. |
| after administration or pro- | terest due thereon, belonging to him or her at the time of his or her |
| bate. | death, exceeding in the whole the sum of Fifty pounds, the same shall not be paid to any person or persons as representative or represen- tatives of such depositor, but upon the probate of the will of the de- ceased depositor, or letters of administration of his or her estate or effects. |
| Where the effects of a per- son dying intestate shall not | 5 , | IN case any depositor in the Post Office Savings Bank shall |
| exceed £50, the same may | die, 'leaving any sum of money in the said institution belonging to |
| be divided according to the | |
| Statute of Distribution or | him or her at the time of his or her death, not exceeding in the whole |
| the rules of the Institution. | the sum of Fifty pounds exclusive of interest, and probate of the will of the deceased depositor, or letters of administration of his or her estate and effects, is not produced to the Post Master General, or if notice in writing of the existence of a will and intention to prove the same or to take out letters of administration, is not given to the said Post Master General within the period of One month from the death of the depositor, and in the latter case unless such will is proved or letters of administration taken out within the period of Two months |
28° VICTORIIE,No. 1..
Post Office Savings Bank Amendment.
from the death of the said depositor, it shall be lawful for the said Post Master General to pay and divide the same to and amongst any person or persons who shall appear to such Post Master General to be the widow, or entitled to the effects of such deceased depositor, according to the Statute of Distribution, or according to the rules of the institution, and the payment of any such sum of money shall be valid and effectual with respect to any demand of any other person or persons as next of kin of such deceased depositor, or as the lawful representative of such depositor against the funds of such Savings Bank or against the Post Master General or any of his Officers; but nevertheless such next of kin or representative shall have remedy for recovery of such money so paid as aforesaid, against the person or persons who shall have received the same.
Payments under Probate
| PAYMENTS of any money by the Post Master General or any of his Officers as aforesaid, to any person or persons having any | of will, &c., appearing to be |
6 .
in force, shall be valid.
letters of administration or Probate of any such will or testamentary disposition granted by the Supreme Court, and appearing to be in force shall be valid and effectual with respect to any demand of any other person or persons as the lawful representative or representatives of such depositor against the funds of such institution, or against the Post Master General or any •of his Officers, but nevertheless, such lawful representative or representatives shall have remedy for such money so paid as aforesaid, against the person or persons who shall have received the same.
| 7. | IF any depositor being illegitimate shall die intestate, leaving Payment on death of | depdositorgbe g | |||
|
| any person or persons who but for the illegitimacy of such depositor | g |
| and of such person or persons would be entitled to the money due to such deceased depositor, it shall be lawful for the Post Master General or any of his Officers, with the authority in writing of the Attorney General to pay the money due to such deceased depositor, to any one or more of the person or persons as in his or their opinion. would have been entitled to the same according to the Statute of Distribution, if the said depositor and such person or persons had been legitimate. |
8. IN case the Post Master General or any of his Officers as afore- savings of minors may be
said, shall receive or shall have received any deposit of money, from invested.
or for the benefit of any person under the age of Twenty-one years,
it shall be lawful for the Post Master General or any of his Officers,
to pay to such person his or her share and, interest in the funds of
the Post Office Savings Bank, and the receipt of such person shall
be sufficient discharge, nothwithstanding his or her incapacity or
disability in law, to act for him or herself.
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Post Office Savings Bank Amendment
| Deposits made by mar- | 9. | AND whereas deposits in the Post Office Savings Bank may |
Tied women. have been made, and may be made by married women, and deposits may have been made, and may be made by women who may have afterwards married ; it shall be lawful for the Post Master General or any of his Officers as aforesaid, to pay any sum of money in res- pect of any such deposit to any such woman, unless the husband of such woman shall give to such Post Master General or any of his Officers as aforesaid, notice in writing of such marriage and shall require payment to be made to him.
| Trust accounts. | 10, WHEN deposits shall be made by a Trustee on behalf of another, the sum shall be invested in the name of such Trustee, and the name of the person on whose account such sum shall be so |
| Repayment of Trust de- | deposited; and repayment of the same or any part thereof shall not be |
| posits. | made by the Post Master General or any of his Officers, without the receipt and receipts of the said Trustee, and the person on whose ac- count such deposit may have been made, or the survivor or survivors, or the executors or administrators of such survivor, whose receipt or receipts, either in person or by agent appointed by Power of Attorney, which Power of Attorney shall be valid if executed by an Infant of or exceeding the age of fourteen years, shall alone be a good and valid discharge to the said Post Master General or any of his Officers paying the same, except in case of the insanity or imbecility of the party on whose behalf the deposit has been made, upon proof of which to the satisfaction of the said Post Master General, or any of his Officers as aforesaid, repayment may be made to the said Trustee, but nothing herein contained shall extend to trust accounts opened before the passing of this Ordinance. |
| Settlement of disputes. | 11. IF any dispute shall arise between the Post Master General or any of his Officers as aforesaid, and any individual depositor in the Post Office Savings Bank, or any executor, administrator, next of kin, or creditor, or assignee of depositor who may become Bankrupt or Insolvent, or any person claiming to be such executor, adminis- trator, next of kin, creditor, or assignee, or to be entitled to any money deposited in such Post Office Savings Bank, then, and in every such case the matter in dispute shall be referred in writing to Two Justices of the Peace, who shall have power to proceed exparte on notice in writing to the said Post Master General or his Officer, left |
| Or sent by the said Justices of the Peace to the said Post Master | |
| General or his Officer, and whatsoever award, order, or determina- tion shall be made by the said Justices, shall be binding and conclu- sive on all parties, and shall be final to all intents, and purposes with- out any appeal; Provided that on such reference it shall be lawful |
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Post Office Savings Bank Amendment.
for the said Justices, and they are hereby authorised, to inspect any Justices may inspect Books,
book or books belonging to the said Savings Bank relating to the "
matter in dispute, and to administer an oath to any witness appealing
before them, or to take their affirmation in cases where affirmation
is allowed by law instead of an oath, and if upon such oath or affir-
mation any person making the same shall wilfully and corruptly
give any false evidence, every person so offending shall be deemed
and taken to be guilty of perjury, and shall be prosecuted and
punished accordingly.
Any portion or the whole
| 12. THE Colonial Treasurer, by and with the written authority | of the deposits may be lent |
| of the Governor, with the advice of the Executive Council, may, | on real security. |
| under the power in the Eleventh section of the said recited Ordin- ance, lend at interest in the manner therein prescribed, the entire funds of depositors due from the Local Government from time to time, anything to the contrary in the said Ordinance contained notwithstanding. |
13 THIS Ordinance and the said recited Ordinance, shall and Incorporated with Post
may be taken, read, and construed together as one Ordinance to all Sairins Bank °raj"
intents and purposes.
7. S. HAMPTON,
GOVERNOR AND CO:MMANDER•IN-CHIEF.
Passed the Legislative Council,
this 11th day of truly, 1864.
G. E. HAMPTON,
Clerk of the Council.
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