Savings’ Bank Act 1839 No 13a (NSW)

No. XII.

An Act to consolidate and amend the Laws savings'bank .

relating to the Savings’ Bank of New South

Wales. [20̂ /i September, 183d.]

W J IIEUEAS an Act of His Excellency the Governor of New PreamWe.

W South Wales with the advice of the Legislative Council thereof

William the Fourth intituled “ An Act to repeal in p>ort and to b guI. iv. No. lo.

“ amend and extend the provisions o f an A ct intituled ‘ An A ct to

“ ‘ establish a, Savings' Bank in Netv South Wales and to provide fo r

“ ‘ the management thereof and fo r the security o f Deposits therein ' "

and Avhereas it is expedient to repeal the said recited Act except as in part repealed and

is hereinafter excepted and to substitute another Act in its stead Be it Glerdn'̂ refê rred'to

therefore enacted hy His Excellency the Governor of New South continued under the

was passed in the fifth year of the reign of His late Majesty King Act ho and the same is from and after the first day of November next repealed except as to the institution and establishment of the said Savings’ Bank Avhich shall he continued in New South Wales for the receipt management and security of such deposits and shall be regulated according to the provisions hereinafter established and except also in so far as any other Act of the said Governor and Council is thereby repealed ProA'ided nevertheless that nothing herein contained shall invalidate or annul any appointments of Trustees District Trustees Accountants or District Accountants made under the said recited Act or shall invalidate or annul any payments receipts or proceedings had or bonds or securities taken or entered into or drafts powers of attorney certificat<‘s orders or other instruments whatso­ ever executed under the authority of the said recited Act but the same respectively shall continue in force as if made had entered into or executed under and by virtue of the provisions of this Act.

2 . And be it enacted That the Governor of New South Wales Governor to be Pre­

fer the time being shall he the President of the said Savings’ Bank ment of̂ ifSlirs v̂ ̂

and that the management of the affairs of the same shall be vested in eighteen Trustees,

in eighteen Trustees to be nominated by the said Governor of whom

one shall be styled Viee-President and that all or any of such Trustees

shall and may from time to time be remo ed from office and bo re­

appointed or others or another may be appointed in their or his place

or stead in case of any such removal or any vacancy happening as the •

said

964 No. 12. 3̂ VIG. 1839.

Savings' Banlc.

said Governor shall from time to time think fit and every such nomi­ nation re-appointment or fresh nomination of any such Trustees or Trustee as aforesaid shall be signified by the publication of an order to that effect in the Netc South Wales Government Gazette.

Any five Trustees 3. And he it enacted That all acts matters and things (save as

S r̂a^nVtiifngs'* hereinafter excepted) which the said Trustees are hy any of the pro-

whicii the Trustees visions of this Act authorized or required to do and perform shall and are required to do. jqqay be done and performed by any five of such Trustees Provided

always that such five Trustees he for such purpose assembled at a meeting whereof due notice shall have been given to all the said Trustees.

Senior Trustee to be 4. And he it enacted That at all meetings of the said Trustees the seuior Trustee in the order of appointment present shall preside as Chairman and shall not only vote as a Trustee but shall also in case of the equality of votes have a easting or decisive vote.

moetii'nr̂ " “"y

Xo Trustee to derive	5. And he it cnactcd That no person being a Trustee or Dis­ trict Trustee or Treasurer of such Savings’ Bank or being any ways concerned in the management thereof shall he allowed to deposit any sum or sums of money therein nor to borrow any money there­ from nor to derive any benefit from any deposit made in sneh Savings’ Bank nor shall act in the capacity of Accountant or Clerk of such Savings’ Bank nor receive directly or indirectly any salary allowance profit or benefit whatsoever from the funds of the said Savings’ Bank.
benefit from nor to
deposit in the bank,
appoint Accountant

Trustees may 6. And be it enacted That it shall and may be lawful for the

subject to approval

said Vice-President and any four of the said other Trustees subject to

of the Governor.

the approval of the said Governor to appoint fit and proper persons to be the Accountant in Sydney of the said Savings’ Bank and also Distriet Accountants of the branches thereof established in the country districts and from time to time to remove from otfice any such Accoun­ tant and to re-appoint him or to appoint another or others in his place or stead in case of any such removal or any vacancy happfming as the said Vice-President and Trustees shall from time to time think fit and every such appointment re-appointment or fresh appointment of any such Accountant as aforesaid shall be signified by the publieation of a notice to that effect in the New South Wales Government Gazette and it shall and may be lawful for the said Vice-President and other Trustees to appoint (subject to the approval of the said Governor) such salaries as they shall deem fit to be paid to such Accountants regard being had to the nature and extent of the duties to be performed and to the responsibility which may respectively attach to them,

for enactcd That all the persons now holding the

faitiifiii discharge

offico of Accountant of the said Savings’ Bank and every person who

of his duties.

hereafter be appointed as aforesaid to the office of Accountant of the said Savings’ Bank shall grant security for the due and faithful discharge of the duties of his office by a bond with two or more suf­ ficient sureties to be approved by the said Vice-President and other Trustees Avho shall join with the said Accountant in such bond and they and he shall bind themselves jointly and severally to “ The Vice-President and Trustees of the said Savings’ Bank of New South "Wales” in such penal sum as shall be named by the said Trustees and be approved by the said Governor.

Triisteesmayappoint 8. And be it enacted That it shall and may be lawful for the ordinate officers sub- Said VICC-President and any lour ot the said other Trustees subjeet to

ject to approval of the approval of the said Governor to appoint clerks and such other

■ subordinate officers of the said Savings’ Bank as they in their discretion shall think necessary for the execution of the several duties and trusts hereby reposed in them and they may and shall out of the interest received by them on monies lent out as hereinafter directed pay such salary as shall pursuant to the provision hereinbefore contained be

appointed

1839. VIC. No. 12. 965

Savings' Hanli.

appointed to be paid to the Accountant of the said Savings’ Bank and also such other salaries to the said clerks and other subordinate officers as the said Vice-President and any four of the said other Trustees by and with the approbation and consent of the said Governor shall from time to time think fit and allow and the said Vice-President and other four Trustees shall also out of the said interest defray all such incidental charges and expenses as shall be necessarily incurred in conducting the business and keeping the accounts of the said Savings’ Bank which shall be allowed and approved by the said Governor.

9. And be it enacted That the said Vice-President and any four Vice-President nnd

of the said other Trustees attending any such meeting as aforesaid shall ra™fand

and may adopt and confirm such rules and regulations as have hereto- heretofore made or

fore been made in pursuance of the hereinbefore recited Act which shall .̂ provaUfThT

have been approved by the said Governor or shall and may proceed to Governor,

frame such other and new rules and regulations for the conduct and

management of the said Savings’ Bank as to them shall seem meet

and may from time to time revoke alter and modify any such rules

and regulations respectively Provided always that no such new rules

or regulations shall be deemed valid or be acted upon until tide same

shall have been submitted to the Governor for his approval and shall

have been adopted confirmed and allowed by him under his hand.

10. And Ide it enacted That all such rules and regulations as Rules aud reguia-

may from time to time be made as aforesaid by tlie Tnistees for the

management of the said Savings’ Bank after the same shall had’e been ment and deposited

confirmed and allowed by the said Governor as hereinbefore is directed oV the snpm'nê **̂ '*̂

or such as are already in force and adopted and confirmed as aforesaid Court

shall be fairly transcribed on parchment and deposited with the Chief

Clerk of the Supreme Court of New South "Wales which transcript

shall be filed by such Chief Clerk and preserved amongst the records

and muniments of the said Supreme Court without any fee or reward

in respect thereof and such rules or regulations so deposited shall be

binding upon the several members and officers of the said Savings’

Bank and upon all depositors therein and their representatives all of

whom shall be taken and deemed to have full notice thereof and the

transcript of the said rules and regulations deposited with the Chic'i'

Clerk of the Supreme Court as aforesaid or a true copy thereof

examined with the original and proved to be a true copy shall be

received as evidence of such rules and regulations respectively as and to iic received as

aforesaid and every copy of any such transcript deposited with

said Chief Clerk of the Supreme Court as aforesaid shall be made

without fee or reward except the actual expense of such copy.

11. And be it enacted That it shall and may be lawful for any One Trustee with

one or more of such Trustees together with the Accountant or in the Trusteefi'n

event of his absence for any two or more of such Trustees at such time

may receive

and place as shall be fixed by such rules and regulations confirmed'

and allowed as aforesaid and at no other time or place whatsoever to

receive from any person or persons in the way of deposit any sum or

sums of money not being of value less than one shilling nor by ont'

or by successive deposits exceeding the sum of two hundred pounds in

the whole to the credit of any one account excepting as hereinafter

provided and shall then and tliere cause the money so received to be

entered in a book (to be provided for that purpose) to the credit of the

party making such deposit or to the credit of such otlier person as ho

or she may appoint and the amount of such deposits and all other

sum and sums of money received into the said Savings’ Bank sliall

with all convenient speed be paid into such one of the Colonial Banks

in Sydney as shall l3e approved of by the Vice-President and any

four of the said other Trustees at any meeting for such purpose to be

2 D— voji. 2. convened

966 No. 12. 3̂ VIC. 1839.

Savings' Bank.

convened and tlie same sliall be there placed to the credit of the said Savings’ Bank in an account to he intituled “ The account of the “ Vice-President and Trustees of the Savings’ Bank of New South “ W ales” whieh said account shall he opened and kept in such hank for that purpose and no money so paid into such account in such hank shall be withdrawn therefrom without the written order of two or more Trustees countersigned hy the Accountant for the time being first had and obtained.

General Meeting of	12.	And be it enacted That on any day or days at any meeting
Trustees for in­

vesting deposits. or meetings to be for that purpose appointed hy the said Trustees it shall be lawful for the Trustees then attending not being less than four to discount at a rate of interest not less than eight pounds per centum per annum any bill of exchange or promissory note for any amount not exceeding one thousand pounds Provided the same shall bear the names of not less than two persons to he approved by such Trustees so attending as aforesaid or the major part of them and be payable at a period not exceeding six calendar months from the time when the same shall he discounted and it shall and may be lawful for any number of the said Trustees so attending as aforesaid not being less than four to lend any sum or sums of money upon security by mortgage of any lands and hereditaments of an estate of inheritance in fee-simple in the said Colony of New South Wales pro­ vided such lands and hereditaments be free from all incumbrances (except quit rents) and provided also that no such loan shall exceed the amount of two thousand pounds to any one person and it shall and may be lawful for such trustees as aforesaid to direct a valuation to he made of the said hereditaments the expense of which valuation shall be borne and paid by the person or persons applying for such loan and all such lands and hereditaments so mortgaged as aforesaid shall be conveyed to the Vice-President for the time being of the said Savings’ Bank in fee-simple subject to a proviso for redemption of the same on payment of all principal money and interest and there shall be inserted in such mortgage a power of sale in default of payment of principal money and interest on the days and at the times appointed for payment of the same but such power of sale shall not prejudice or affect the right of the said Savings’ Bank to foreclose the equity of redemption of the said hereditaments and all bonds mortgages war­ rants of attorney and other securities which have been or which shall or may at any time hereafter be taken in the name of any person as Vice-President of the said Savings’ Bank for and on account of the same shall and may be put in suit and be sued and prosecuted at law or in equity in the name of the Vice-President for the time being in whose name the same may have heen taken or in the name of any person who shall or may have succeeded to that ofiice at the time such proceedings shall be instituted notwithstanding that the name of any such succeeding Vice-President be not inserted in such bond mortgage warrant of attorney or other such security as an obligee mortgagee assignee or payee of the sum or sums of money therein mentioned and the death resignation removal or other act of any such Vice-President of the said Savings’ Bank for the time being in whose name any such bond mortgage warrant of attorney or other security as aforesaid shall be so put in suit shall not abate any action suit or other proceeding had thereon but the same may he continued where it left off and be prosecuted and carried on in the name of any person who may have succeeded to that office or may be or become the Vice-President of the said Savings’ Bank for the time being and the legal estate in all lands and tenements belonging or mortgaged to the said Savings’ Bank and all legal rights and capacities in respect of the said Savings’ Bank shall become vested in such new Vice­

President

1839. 3̂ VIC. No. 12. 967

Savings' Bank.

President as aforesaid to all intents and purposes immediately upon the recording of the memorial of the name of such new Vice-Pr(isi- dent in the Supreme Court as hereinafter directed and so on toties quotics whensoever any new appointment of Vice-President for th<i time h(;ing of the said Savings’ Bank shall take place and such new memorial shall he enrolled and recorded in the Supreme Court as hereinafter directed Provided always that whenever any such lands and hereditaments are or shall become liable to tlie dower of the wife of the mortgagor tliereof she shall join in such mortgage for the purpose of releasing the same.

1 3 . And he it enacted That the said Trustees or any live of Tmatues to propaie

Government Gazette.

them shall within one calendar month after the close of cvtn-y year tokytT̂ sai'acbefore and of all sums of money which may in any manner he due to the said Trustees of such Savings’ Bank as such Trustees as aforesaid and they shall certify to the best of their belief the correctness of the sa id account or balance sheet by subscribing the same with their names and shall within three days after such suhscrijition lay the same before} the Governor for the time being for his approval and sliall cause the same after being by him approved to be published in the

cause a balance sheet to he prepared containing a true statement of tuo Governor,

the receipts and payments on account of the said Savings’ Bank

during the past year and of the balance of money remaining in such

1 4 . And be it enacted That every person depositing with the iiato of interest on

said Trustees by one or more payments any sum not less tlian twenty shillings or tlie person on ivhose account the said deposits may have been paid and to whose credit they are placed in the books of the said Savings’ Bank shall he entitled to receive interest upon the same at the rate of five pounds by the year for every hundred pounds and in the same proportion for any shorter time Provided that no interest shall be allowed on any sums less than one pound or on odd shillings or pence and that the interest shall be calculated by months omitting odd days hut that any sums deposited witliin the first seven days of a month shall he entitled to bear interest for the whole of that month and the said Trustees may and shall pay such interest as is herein directed upon all deposits of not less than twenty shillings out of the interest received hy them on sums lent out as heroinbefore appointed and if at the close of any year a surplus over and above four hundred pounds shall remain after such interest and also such salaries charges and expenses as hereinbefore directed shall have been paid the said Trustees may and shall cause such surplus to be divided among and placed to the credit of the several persons Iiaving deposits in the said Savings’ Bank in proportions corresponding with the amount of the respective sums standing to their credit at the close of the preceding year and with the number of months in such year during which such sums may have remained inscribed in the nam(;s of the several depositors.

1 5 . And be it enacted That it shall and may be lawful for the Rato of interest may

said Trustees or a major part of them at a general meeting to be held	educed.
in the montli of January in every year by and with the consent and
approbation of the Governor of the said Colony to reduce the rate or
rates of interest hereinbefore prescribed as well on any sum of money

Avhich may be so lent at interest by the said Savings’ Bank as afore-	'
said as on any sums standing in the books of the said Savings’ Bank as received by way of deposit as aforesaid or either of them ProAuded alAÂ ays that three calendar months’ notice be previously given by advertisement to l)c published in the Government Gazette of the said Colonv.

' 1 6 .

968. No. 12. VIC. 1839.

Servings' Bank.

Payment of interest 16. And be it enacted That the said interest at the rate of five

and disposal of such

as is not applied for. pounds hy the year on every one hundred pounds deposited in the said Savings’ Bank and the proportionate interest on any smaller sum subject to the rules and regulations aforesaid shall he added to and incorporated witli the sum which may he then standing in the hooks of the said Savings’ Bank to the credit of such party and shall bear interest subject to the rules aforesaid from the first day of the said month of January and interest at the rate above fixed shall he allowed to him or her upon the total sum so long as the same shall remain deposited in the said Savings’ Bank Provided alw^ays that nothing in this Act contained shall entitle any free person hy one or by successive deposits to place izi charge of such Trustees any sum exceeding two hundred pounds in the Avhole Provided further that nothing in this Act contained shall limit the amount of monies belonging to the estates of intestate persons which shall or may he paid into the said Savings’ Bank under or hy virtue of an Act of the Governor and Council of Aezv South Wales passed in the first year of the reign of Her present Majesty Queen Victoria intituled “ A n A ct “ fo r the investment o f monies belonging to Intestate Bstates by the “ Supreme Court in the New South Wales Savings’ Bank at Sydney” or shall limit the amount of monies which shall or may he directed to ho invested in the said Savings’ Bank under any order which sliall be made hy the said Supreme Court of Vew South Wales Provided also that no person or persons who may ultimately he entitled to any such sum or sums of money which shall or may be so invested as aforesaid shall claim or derive any benefit hy virtue of this Act other than interest at and after the rate of five pounds per centum per annum upon the principal monies so invested as aforesaid or at and after such other rate or rates of interest as the Trustees for the time being with the approbation of the said Governor shall appoint as hereinbefore provided.

Conditions on which	17. And he it enacted That it shall and may be lawful for any
deposits may he

withdrawn. free person being the ownier of any sum or sums of money deposited in the said Savings’ Bank or the interest thereof or for any person duly authorized hy such depositor or for his or her executors or other lawful representative to claim and receive hack such sum or sums of money or any part thereof in the manner and upon the conditions following that is to say if the sum or sums so required to he repaid shall not exceed five pounds the claimant thereof shall on some day appointed for the meeting of the Trustees deliver or cause to he delivered to them or to their Accountant a notice signed with his or her name declaring his or her intention to withdraw such sum from the hank at the expiration of seven days from the date of the said notice and if the sum to he withdraw n shall exceed five pounds hut he not more than twenty pounds then fourteen days’ notice shall in like manner be given and a notice of tiventy days when the sum to ho withdrawm shall exceed twenty pounds hut he not more than five hun- di’ed pounds and a notice of two months when the sum to he with­ drawal shall exceed five hundred pounds.

Infants may make 18. And he it enacted That in case the Trustees of the said

deposits. Savings’ Bank of Xew' South Wales shall receive any deposit of money Inom or for the use and benefit of any person under the age of twenty- one years it shall he lawTul for the said Trustees to pay such person his or her share and interest in the funds of the said Savings’ Bank in the manner and upon the conditions hereinbefore appointed in the case of otlier dejiositors and the receipt of such person shall he a sufficient discharge for any money paid to him or her as aforesaid notwithstanding his or her incapacity or inability in law to act for himself or herself.

1839. 3̂ VIC. No. 12. 969

Savings' Bank.

19. And be it enacted That it shall and may be lawful for the As to ricpusits of

said Trustees by order of the Governor of the said Colony to receive from or on behalf of any transported offender under any sentence of transportation within the said Colony or its Dependetieies any sum or sums of money whatever and to allow interest thereon in like manner as on other deposits aforesaid and to pay over to any such offender the principal sum and interest thereon in such sums and at such times as the Principal Superintendent of Convicts by any writing under his hand with the approbation of the Governor shall direct.

2 0 . And be it enacted That it shall and may be lav.Tul for the yimds of any other

said Trustees by order of the Governor of the said Colony to receive uia'̂ b̂ iccelvedî ’ Trustees of such Savings’ Bank or Priendly or other Society or otlun- ])erson competent to ])ay the same and to place the saim; in the said Savings’ Bank of New South Wales in the name or names of the person or persons to whom tlie said sum or sums of money so to be transferred shall respectively belong and to give credit in the books and accounts of the said Savings’ Bank of New South Wales to sucli person or persons for the several and respective sums to which they may be entitled at the time of such transfer and to pay interest for the same in the same manner and at and after the same rate or rates as if the said several sums had been originally respectively deposited in the said Savings’ Bank of New South Wales l)y the several in­ dividuals to whom the same shall respectiv ely belong.

any sum or sums of money that may have becai or may hercarter be

received and deposited in any Savings’ Bank or Priendly or other

2 1 . And be it enacted That in case any dejiositor in tlie funds As to deposits of

of the said Savings’ Bank shall die leaving a sum of money in the said

Savings’ Bank which with the interest thereon shall not exceed in O

iv. c. U2

the whole twenty pounds it shall be lawful for the said Trustees and they are hereby autliorized and permitted in laisc such Trustees shall be satisffed that no will was made and left by such deceased depositor and that no letters of administration will be taken out of the goods and chattels of such depositor to pay tlvc same at any time after the decease of such depositor according to tlu' rules and regulations of the said Savings’ Bank and in the event of there being no rules and regulations made in that behalf tluai the said trustees are hereby autliorized and permitted to pay out of such sum of money all just debts due or owing by such deceased depositor and to defray the expense of his or her funeral so far as the said sum of money shall extend and to pay and divide the surplus if any there be after jvaying such debts and defraying such expenses as aforesaid to and amongst the person or persons entitled to the effects of tlie deceased intestate according to the Statute of Distributions.

2 2 . And be it enacted That in case any depositor of any money as to deposits of

in the funds of the said Savings’ Bank shall die leaving anv sum or

sums of money in the said funds or there shall be any dividends or	’
interest due thereon belonging to him or her at the time of his or her
death which said several sums shall exceed in the whole the sum of
twenty pounds the same shall not be paid to any person or ]iersons	^
claiming to be the representative or representatives or next of kin or creditor or creditors of such depositor unless such person or persons shall deliver or cause to be delivered to the said Trustees or to tlu' Accountant of the said Savings’ Bank a notice in writing signed with his her or their names in the presence of two credible witnesses setting forth the grounds upon which he she or they claim to be entitled to receive the said sum or sums of money belonging to tlie said depositor at the time of his or her death or any part or parts

thereof

970 No. 12. 3̂ VIC. 1839.

Savings' Bank.

thereof Provided always that the said notice shall have heen previously published thrice or oftener in the Government Gazette and in some one or more of the newspapers of the Colony at the discretion of the Trustees and three calendar months at least shall have elapsed subsequently to such last publi(;ation before payment be made in satisfaction of any such claim or demand And provided also that if any creditor of the deceased whose debt shall not exceed the sum of ten pounds shall put in his or her claim to be paid it shall be lawful for the said Trustees to pay the same without such public notice as afore-

Not to interfere with Said And provided further that the above regulation shall not be taken legal title. j l̂ie legal title and claim of any representative or

representatives of such depositor deceased who shall produce probate of the will of the same or letters of administration of his or her effects Provided also that if any payment shall lie made from the funds of the said Savings’ Pank by the Trustees thereof as hereinbefore directed and the party or parties claiming and receiving the same shall after­ wards be proved not to be the lawful representative or representatives of the depositor so deceased as aforesaid or otherwise not entitled to the same such payment shall he valid against any demand of any other person or persons as representative or representatives of the said deceased depositor or any other person or persons whomsoever never­ theless such lawful representative or representatives or other person or persons shall have remedy for such money so paid as aforesaid against the person or persons who shall have so wrongfully received the same.

Aiimouies &c. to be 23. And be it enacted That all monies goods chattels and eifects

doiu'̂ lrtime bTing* '"̂ lî '̂ soever and all secbirities for money and obligatory instruments

' and evidences or mbiniments and other effects whatever and all rights

and claims now heretofore or hereafter belonging to or had by the

said Savings’ Bank of Kew South Wales shall be vested in the ^Tcc-

President thereof for the time being for the use and benefit of the

respective depositors therein according to the provisions of this

Act and after the death resignation or removal of any such

Vice-President shall vest in the succeeding Vice-President for

the same estate and interest as the former A'ice-President had

therein and subject to the same trusts without any assignment or

conveyance whatever Provided ahvays that all sum or sums of money

paid on the redemption of any lands and hereditaments may be

received by any one Trustee together with the Accountant for the

time being of the said Savings’ Bank and all receipts and other

acquittances for the same may be signed by one Trustee together  ith

the said Accountant in the name of and for and on behalf of the said

Vice-President of the said Savings’ Bank and such receipts and

acquittances so signed as aforesaid shall he deemed and taken to be

as valid and effectual at laAV and in equity as if the same had been

signed by the Vice-President of the said Savings’ Bank and the said

Vice-President may institute any action suit prosecution and other

proceedings at laAv and in equity by and on behalf of the said Savings’

Bank or wherein the said Savings’ Bank is or shall or may be con­

cerned against any person or persons body or bodies politic or

corporate and Avhether such person or persons shall be a Trustee or

officer of the said Savings’ Bank or otherwise and such aedion suit

prosecution and proceeding shall be commenced or instituted and

carried on in the name of the Accountant of the said Savings’ Bank

for the time being as the nominal plaintiff complainant or petitioner

for and on behalf of the said Savings’ Bank and all actions suits or

proceedings as aforesaid to be commenced instituted or prosecuted

against the said Savings’ Bank shall be defended by the Vice-President

but the same shall be commenced instituted and prosecuted against

the

1839. 3'̂ VIC. No. 12. 971

Savings’ Bank.

the said Accoimtant for the time being of the said Savings’ Bank as the nominal defendant for and on belialf of the said Savings’ Bank and all prosecutions for fraud upon or against the said hank or for embezzlement robbery or stealing the hills notes bonds monies goods chattels effects or property of the said bank or for any other offence against the said hank shall or may he so commenced or instituted and carried on in the name of the said Accountant for the time being of the said hank and in all indictments and informations it shall he lawful to state the property of the said hank to be the property of tlie said Accountant for tlie time being and any offence committed with intent to injure or defraud the said bank shall and lawfully may in any prosecution on account of the same be stated or laid to have been committed with intent to injure and defraud such Accountant for the time being of the said bank and any offender or offenders may tliere- u])on be lawfully convicted of any such offence and in all other allegations and indictments informations and other proceedings it shall and may be lawful and sufficient from and after the passing of this Act to state the name of such Accountant and no such suit action or prosecution shall be discontinued or abated by the death of such Accountant or by his resignation or removal from office which he held at the time when such action suit or prosecution was commenced but the same shall and may be proceeded with in the name of any person who may be or become Accountant of the said Savings’ Bank for the time being and such person shall pay or receive like costs as if such action or suit had been commenced in his name for the benefit of or to be reimbursed from the funds of the said Savings’ Bank.

2 4. And be it enacted That a memorial of the name of the Memorials of names Vice-President and a memorial of the name of the Accountant forthe'^^y'^T''*''’''̂ ™*̂. . time being oi the said bavmgs Bank in tlie lorm or to the eftect lor be respectively re- that purpose set forth in the Schedule hereunto annexed signed by at

least four of the said Trustees of the said Savings’ Bank shall respectively he recorded upon oath in the Supreme Court of New Soutli Wales within thirty days after the passing of this Act and wiien and as often as any Vice-President shall be appointed by the said Governor as hereinbefore directed or any Accountant of the said Savings’ Bank shall be newly elected Accountant thereof a memorial of the name of snch newly ap]iointed A^ice-President or of such newly elected Accountant in the same form or to the same effect as the above- mentioned memorial signed by such newly appointed A^ice-President or such newly elected Accountant as the case may be and by four of tlie said Trustees of the said Savings’ Bank at the time of the apjioint- ment of such Vice-President or of the election of such Accountant shall in like manner be recorded upon oath in the said Supreme Court within thirty days next after such Vice-President shall bo appointed or such Accountant shall be so elected as the case may be.

25. And be it enacted That until a memorial of the name of Until such record

the Vice-President or of the Accountant for the time being be recorded ]y.ougi"t"

in the manner lujrein directed no action suit or other proceeding shall

be brought by the said bank in the name of the A'ice-President or of the

Accountant of the said bank as aforesaid under the authority of this Act.

26. Provided always and be it enacted That the said Vice- vice-Piesident and

President or Accountant being the plaintiff' complainant petitioner or Accountant com-

potent witnesses.

deffmdant in any action suit petition or other proceedings as aforesaid on behalf of the said bank shall not prevent or aff'ect the competency of any such Vice-President or Accountant so as to prevent him from being a witness in such action suit petition or other proceeding in the same manner as lie might have been if iiis name had not i>een made use of as such plaintiff' complainant petitioner or defendant in any such action suit petition or other proceeding.

' 27.

972 Ko. 12. VIC. 1839.

Savings’ Jiank.

Want of proof of 27. And l)c it cnactecl That in any action to be brought in the

IhaU not no'nsuTt'*̂ name of tlic Said Viee-President or Accountant of the said bank by

plaintiff. virtuc of tliis Act the plaintiif therein shall not he nonsuit nor shall a

verdict be given against him for want of proof of the record of such memorial or memorials as hereinbefore mentioned but in case the

. defendant in any such action shall make it appear on such trial that no such memorial or memorials as hereinbefore mentioned has or have been recorded then a nonsuit shall be entered in such action.

No Trastee per- 28. And be it enacted That anyone or more of the said Trustees sonaiiy liable except or of the District Trustees hereinafter mentioned shall not be answei’ablo

‘ or accountal^le for the other or others of them but each and every of them only for his and their own acts receipts neglects or defaults

, respectively and that they or any of them shall not be answerable oi* accountable for any banker broker or other person with whom or in whose hands or custody any part of the said trust monies shall or may be deposited or lodged for safe custody or otherwise in the execution of the trusts hereby in them reposed and that they or any of them shall not be answerable or accountalde for the insufficiency or deficiency of any security or securities in or upon which any monies shall be placed out or invested or for the defect of title or value of any lands nor for any other misfortune loss or damage which may happen in the execution of the aforesaid trusts or in relation thereunto excejit the same shall happen Ijy or through their own rvilful default respectively.

Appointment of 29. And whereas it is expedient as far as practicable to

District Trustees. extend to coimtry districts the beneficial operation of this Act Be it therefore enacted That it shall be lawful for the said Governor from time to time as occasion may require to appoint 2)roper persons to act as Trustees for the districts of Parramatta Liverpool Campbelltown Berrima Goulburn Bathurst Penrith Windsor Richmond Maitland Port Stephens Port IMacquarie AVollongong and for sucli other districts as to the said Governor shall seem meet to be signified by the publication of an order to that effect in the New South Wales Government Gazette which said Trustees shall be apj)ointed for the receipt respectively of dejDosits in the said Savings’ Bank in order that the same may be transmitted to and be invested by the Vice­ President and 'J’'rustees of the Savings’ Bank of New South Wales in Sydney for the benefit of country depositors in like manner and subject to the same regulations as hereinbefore j>rovided touching and concerning other dejiositors Provided that the appointment of the said District Trustees res^iectively shall take effect so soon as the same shall be notified in the Government Gazette.

Appointment of 30. And for the more effectual jrrotection of dej)Ositors in sueffi

District Accountant, country districts and in order that they may as speedily as possil^lc derive benefit from their deposits in the said Savings’ Bank of New South "Wales in Sydney Be it enacted That a Clerk or Accountant shall be appointed by the A'ice-President and Trustees of the said Savings’ Bank at Sydney for each district respectively who shall give reasonable security to the satisfaction of the said Vice-President and Trustees for the duly accounting for such monies of dei^ositors as sliall come to his hand and shall in the jiresence and not otherwise of one or more of the District Trustees so appointed as aforesaid receive deposits from persons residing within his district at such times and places as the District Trustees shall aiipoint and give proper vouchers to the parties depositing the same signed by him and by any one of the Trustees if more than one be present at the receipt thereof and it shall be the duty of such District Accountant and he is hereby required on the first jiost day in every month or oftener if directed so to do by the Trustees in Sydney and in such manner as they shall appoint to remit all sums of

money

1839. S'’ VIC. No. 12. 973

Savings' Bank.

money so deposited to the Accountant of the said Savings’ Bank in Sydney together Avith an account verilied hy one or more of the District Trustees respectively of the names residences and descriptions of the de]iositors and of the sums received hy him as aforesaid in order that sucli depositors may he entitled to the benefit of this Act.

31. And he it enacted That it shall and may he laAvful for any withdrawing

free jierson being the OAvner of any sum or sums of money deposited

Avith the District Accountant for transmission for his or her benefit to ‘ the NeAV South W ales SaAungs’ Bank in Sydney or for any person duly authorized by such depositor or for his or lier executor administrator or other laAviul representative to claim and receive hack such sum or sums of money or any part tliereof in the manner folloAving (that is to say) if the sum or sums so required to he repaid shall not exceed live pounds the claimant thereof shall on some day to he appointed by the District Trustee or Trustees respectively deliver or cause to he delivered to the District Clerk or Accountant a notice signed AAith his or her name declaring his or her intention to AvitlidniAV such sum from the hank at the expiration of fourteen days from the date of the said notice and if the sum to he AvithdraAvn shall exceed five pounds but he not more than tAventy pounds then tAventy- one days’ notice shall in like manner be given and thirty days’ notice when the sum to bo AvithdraAvn shall exceed tAventy pounds and upon receipt of such notice the District Clerk or Accountant shall forth­ with transmit the same A'crified under the hand or hands of one or more of the said District Trustees respectiA^ely to the Accountant of the Savings’ Bank in Sydney in order that proper steps may he taken for rem itting the money to the District Accountant for payment to the party or parties laAvfully claiming the same Avho shall take from him or them respectively proper receipts in Avriting for the money so ]iaid which receipts are hereby required to be fonvarded to the Accountant of the Savings’ Bank in Sydney.

32. And be it enacted That in case any district depositor in Dcp- sitorsincountry

the funds of the Savings’ Bank of New South Wales shall die leaving lUstrii ts dying pos-

any sum or sums of money in the said funds or any dividend or intc'rest tiio bank. *

due thereon belonging to him or her at the time of his or her death the same shall be paid only on the conditions hereinbefore provided touching and concerning like cases.

33. And he it enacted That no District Trustee being in any nistiict Trustees to

way concerned in the management of the funds of the Savings’ Bank I))))

the

anv sum or sums of monev therein or to borroAV any monev from or to

derive any benefit from any deposit made therein Provided neverthe­

less that nothing herein contained shall render it unlawful for the

of N oav South Wales or the branches thereof shall be alloAved to deposit ban’a. sanction of the Governor to defray any necessary charges of manage­ ment in the districts aforesaid and to remunerate the persons avIio shall be appointed District Clerks or Accountants respectively of the said bank and also proAuded that no District Trustee shall act iii such capacity of District Clerk or Accountant or receive directly or indirectly any salary alloAvance profit or benefit AvhatsoeA cr from the funds of the said bank.

34. And be it enact('d That this Act shall he deemed and taken Act to ho a puWic

to l)e a public Act and shall he judicially taken notice of as such hy

the Judges of the Supreme Court of N cav South AVales and by all other Judges Justict^s and others Avithin the said Colonv of New South W ales and its Dependencies Avithout being specially pleaded.

35. And be it enacted That this Act shall be in force and take Comincnccmcnt of

effect from and after the first day of November one thousand	eight this A.ot.
hundred and thirty-nine.

2 E— VOL. 2. SCHEDULE

974 No. 13. 3*̂ VIO. 1839.

Incensed lublicans.

SCHEDULE REEEEEED TO.

M e MORIAI. of the name of the Vice-President (or the Accountant as the case may 6e) o f

“ The Savings’ Bank of New South V’alcs ” pursuant to an Act of the Governor and Council passed in the third year of the reign of Her Majesty Queen Victoria intituled “ An Act to consolidate and amend the Laws relating to the (Savings’ Bank of New South “ Wales."

A.B. Vice-President (or Accountant as the case may he).

E. F. G. H. I. K. i	Trustees.
L. M .;

of Sydney gentleman of the above-named

bank maketh oath and saith that he was present and did see the foregoing memorial signed by the above-named Vice-President (or Accountant as the case may be) and Trustees respectively whose names appear thereto.

Sworn this day of one thousand eight

hundred and