Suitors Unclaimed Funds Act 1891 (SA)

ANNO QIJINQUAGESIMO QUARTO XX QUINQUA-

GESIMO QUINTO

A.D. 1891.

No. 514.

An Act to provide for the Payment of certain Unclaimed Moneys into the General Revenue, and for other purposes.

[Assented to, October rgth, 1891.1

HEKEAS it is expedient to provide for the payment into the Preamble.

W General Revenue of the moneys hereinafter referred to, and to make other provisions relating thcreto-Be it therefore Enacted by the Governor-in-Chief of the Province of South Aus- tralia, with the advice and consent of the Legislative Council and House of Assembly of the said province, in this prebent Parliament

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assembled, as f ollo~vs :

1. This Act may be cited for all purposes as "The Suitors short title.

Unclaimed Funds Act, l89 1 ."

2, I n this Act, unless inconsistent with the context: Interpretation.

'' Suitors' Fund " means-

( a ) All moneys or securities for money which, at the time of the passing of this Act, or at any time thereafter, shall be in the custody or charge of the Supreme Court of the said province, or of any Judge thereof, or of the Master of the said Supreme Court, and shall by him or them have been received by virtue of their respective office or offices for or on account of, or to the use or credit of, any person or persons whatsoever in any action, matter, or proceeding in the said Court:

P) All

54" & 55' VICTORIfi, No. 514.

The Suitors Unclaimed Funds Act.-189 1.

( b ) All moneys or securities for money which, at the time of the passing of this Act, or at any time thereafter, shall be in the custody or charge of the Supreme Court of the

said province, or any Judge thereof, or in the custody or

charge of the Public Trustee of the said province, and shall have been received by them or him for or on account of or to -the use or credit of any person or persons whatsoever, by virtue of their or his office, and

in exercise of the powers conferred on them or him by

any Act or Acts heretofore, now, or hereafter in force in

the said province:

(c) All interest and income which, at the time of the passing of this Act, or at any time tliereafter, shall have actually accrued from any investment of the whole or any part of the moneys hereinbefore referred to:

"Unclaimed," as applied to any money, means unclaimed as

regards principal, interest, and income.

a Officer accountable " means any officer or person having the

custody or control of ihe Suitors' Fund ":

Court" means the Supreme Court of the said province and any

Judge thereof.

Payment to be made

to the Treasurer for 3. In the month of January which will be in the year one

the public uses of all	thousand eight hundrcd and nincty-two, and in the same month in
to the credit of the
eums which have been	every succeeding year, the officer accountable shall pay to the
Suitors' Fund for six	Treasurer, as part of the Generd Revenue and for the public uses
years unolaimed.	of the said province, all sums of money in his custody or control then standing to the credit of the Suitors' Fund which shall, on the first day of that month, have becn unclaimed for a period of six years next preceding, and such moneys shall not be afterwards claimable from the Treasurer unless the Court shall otherwise order in terms of section 4 hereof; and the officer accountable shall, on the first day of January in every year, or within seven days uext following,
furnish to the Treasurer an account oi all sums of money which shall be so payable to the Treasurer as aforesaid at the next ensuing
annual payment.

Partiessubsequently 4. If a t any time after any such money shall have been so

claiming may

petition the Supreme paid to the Treasurer any person entitled thereto shall apply to

court, &C. the Court, by summons, for the payment to him of such money or

any part thereof, and thc Court shall be satisfied won affidavit or v oiher sufficient evidence adduced that the applic&t is entitled to the money claimed by him, or any part thereof, the Court shall make an order for payment thereof, with or without simple interest thereon at the rate of three and a half per centum per annum, from the time the same shall have been paid to the Treasurer as aforesaid; and on any such order being sen-ed

on the Chief Secretary the same shall be immediately communicated

to

54" & 55' VICTORIK, No. 514. 3

The Suitors Unclaimed Funds Act.--1891.

to the Governor, who shall issue a warrant under his hand to the up011 order being made for payment,

Treasurer to pay the money mentioned in such order to the party to

entitled to receive the same, wmmnt, &c.

5, The Treasurer shall issue and pay the money mentioned in Treajurer to pay

such warrant as aforesaid to the person or persons to whom the same ~ ' ~ ~ ~ m o r ' s

shall be payable by virtue of such order as aforesaid; and the

receipts of the respective persons to whom the same shall be so paid

shall be full and valid discharges for any such sum or sums as shall

be therein mentioned to have been received.

6. Subject to the directions for investment contained in any will, Huitora' Fund to be

mveated.

settlement, or other instrument affecting any portion of the said officcr accountable, he shall, unless the Supreme Court or a Judge thereof shall otherwise order, from time to time invest all moneys which shall be standing to the credit of the Suitors' Fund in the purchase of Government securities, or on loan to the Treasurer, or to the Trustees of the Savings Bank of the said province, or on deposit at interest with any incorporated or chartered bank carrying on business in the said province, and which shall have been approved of by the Treasurer for such purpose; and may, from time to time, with the approval of the Court, effect the sale or exchange of such Government securities, or the withdrawal of the said moneys, or any part thereof.

7, If any portion of the said Suitors' Fund shall, at the time of 8 ecurities for moneys to be transferred to

the said first or any subsequent annual payment to the Treasurer officer nominated by

under the provisions hereof, consist of securities for moneys which Trea5urer.

shall have been unclaimed for a period of six years next preceding

such annual payment, the officer accountable shall, from time to

time, and as soon as practicable, convcrt such securities into money

and pay the proceeds of such conversion to the Treasurer.

8. I t shall be the duty of the Commissioners of Audit, or any Suitors' F U ~ to be

officers appointed by them, to audit all accounts relating to the said audited.

Suitors' Fund, in the manner provided and by virtue and in exercise

of the powers conferred by The Audit Act, 1882," or any other

Act heretofore, now, or hereafter in force relating to the audit of the public accounts.

In the name and on behalf of Her Majesty, I hereby assent to

this Bill.

KINTORE, Governor.

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Adelaide : By authom, C. E. Bsxs~ow, Government Printer, North-terrace.