Unclaimed Moneys Act 1891 (SA)

ANNO QUINQUAGESIMO QUARTO ET QUINQUA-

GESWO QUINTO

A.D. 1891.

No. 539.

A11 Act to provide for giving publicity to information

relating to Unclaimed Funds, and for other purposes.

[Asse~z ted to, Decembee~ ~ p t h, 1891.1

E it Enacted by the Governor of the Province of South Preamble.

Council and House of Assembly of the said province, in this present	B A~~strilliii, with t h advice and consent of the Legislative
Parliament assembled, as follows:

1, This Act may be cited for all purposes as 'L The Unclaimed short title.

Moneys Act, 1891."

the liquidator of any company: Unclaimed

2, In this Act, unless the context otherwise requires, the terms Interpretation,

following in inverted commas shall have the respective mennin gs

hereby assigned to them, that is t o say :-

" Company " shall mean-

(a ) Every company which, having for its object the acquisition of gain, is registered or ilicorporatcd in the province of' South Australia under any Act relating to companies:

and

( b ) Every company which, having for its object the acquisition of gain, and carrying on buiiness in South Australia aforesaid, is registered or incorporated elscwhere than in South Australia: and shall include

( c ) Every bank and life assurance company or association, except the Savings Bank of South Australia, howsoever or wheresoever registered or incorporated, carrying on,

business within the said province, and shall include

540 & 55' VICTOKIf i, No. 539.

The Unclaimed Moneys Act.- 1891.

" Unclaimed moneys " shall mean all principal and interest money, and all dividends, bonuses, profits, and sums of money whatsoever, which prior to the passing of this Act, or which hereafter, shall have been in the possession of any company for a period of six ycars or upwards, and in respect whereof no claim shall have been made by the owner against the company, and which shall arise out of any dealing had within the said province by any owner or person with the company:

"Owner " shall mean the person entitled to any unclaimed moneys, and shall include his executors, administrators, or assigns, or his or their lawful attorney or agent in South Australia.

Register of unclaimed 3, I t shall be the duty of every company, on the first day of

moneys to be kept. January in each year, to enter, in an alphabetical register to be kept by such company at its head or principal office in South d4ustralia, in the form set forth i11 the Schedule to this Act, and with the par- ticulars therein specified, all unclaimed moneys exceeding Five Pounds in an account which has not been operated upon for six years; ancl florri ant1 after the eighth day of January in cach year such rcgistcr shall bc open to the inspection of all persons at such head or principal office during the hours within which the company transacts its ordinary business, on payment of a fcc of Two Shillings.

COPY of r e g i s t e r ~ b e 4,

A copy of every such register shall be yiiblished by the company in the South

gazetted.

~ u s t r a l i & Goccrnment Gazette annually,

durine; the month of January.

Penalty forneglect in	5, Any company failing to keep such register, or to publish such copy, or refusing inspection thereof, shall be liable to a penalty not cxcccding Two Pounds for every day during which such default or refusal continues.
keeping register, &c.

Unclaimed moneys to 6, (1.) All unclaimed moneys which shall not have been paid by

be paid to the Trea- the company to the owner thereof within two years after the first

surer as public

revenue.

publication of such notice in the Goverxment Gazcrtc shall be paid

by thc company to the Savings Bank of South Australia, to the

credit of the Treasurer of the Province of' South Australia, for thc

use of the public revenuc.

Compuny may deduct

expenses.

(2 ) The company may deduct out of all unclaimed moneys paid

by the company to 'the Treasurer, or to any claimant, the expenses

paid by the company in the publication of the notices hereinbefore

referred to.

Tres~urtr may

7, The Treasurer may, at any time after the publicatiou of any notice as aforesaid, examine any of the accounts relating to the unclaimed moneys in such notice referred to, and may for that purpose require the production before him, or before such public officer as he may appoint, of any book, vonchers, or documents refer- ring to such moneys; and if any error shall be found in any register or notice aforesaid, he may direct the register or notice, or both of them, to be amended. 8, If

examine accounts, &c.

5 4 & 55' VICTORIE, No. 539.

-- P- --

The Unclaimed Moneys Act.- l HQ l.

8, If any claimant shall make any demand against the Treasurer Treasurer may pay

for any money paid to him, the Treasurer, upon being satisfied that

lawful claimant.

the claimant is the owner of the money demanded by him, shall

order and dircct payment thereof to be made to him.

9, Where any unclaimed moneys paid to any claimant s11all be	Treasurer not respon-
sible for paymenta in

afterwards claimed by any other Grson the Treasurer shall not be	certain cases.
responsible for the payment of the same, but such person may have recourse against the claimant to whom the Treasurer shall have paid
the unclaimed moneys.

10, All penalties for any offence against this Act may be	recovered befbre %WO
Penalties may be

recovered before any two Justices of the Peace in a summary way. Justices.

11, All proceedings for the recovery of any pecuniary Summary procedure,

by this Act impo~cd for any omissions, defaults; acts, or offences shall be had and taken, and m y be' heard and determined in a summary way, by any Special Magistrate or two Justiccs of the

'peace of the said province, under the provisions of Act No. 6 of 1850, The Justices Procedure Amendm~nt Act, 1883-4," or of any other Act for the time being in force relating to the duties of Justices of' the Peace with respect to summary convictioils and orders, and all convictions and orders may be enforced as in such Act is or shall be provided.

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

this Bill.

KINTORE, Governor.

SCHEDULE.

54" & 55' VICTORIrE, No. 539.

IThe Unclaimed Moneys Act.- l89 1,

.. .. .. .. .. .. .. .. .. .. .. Conapany [or Hank, &C.]

Register of Unclaiwted Mo?,ey heM by the [here insert name of company].

Totd amount due Description of Unclaimed

Name of owner on books. Date of last claim.

to owner. Xoney.

Bryan O'nillon, Torrens First dividend on G O 0 April lst, 1883

Island, Port Adelaide shares in the Electric Light Company, IA.

Sarah Gamp, Pier-street, Or deposit, or balmcc Aug. 25th, 1886

Glenelg	of account in the
Bank of Adelaide (or
such otherpnrticulars as muy he a sufficient cZescr&tion of the money)

--p . ..p-- -

Adelaide: By authority, C. E. BRISTOW, Government Printer, North-terrace.