β¨ Regulations and Orders in Council
the terms and conditions under which such payments
as aforesaid may be made.
-
In these regulations the term "Colonial Trea-
surer" shall include the Minister for the time being
acting for the Colonial Treasurer. Words in the
singular number shall include the plural. "Legal
representative" shall mean executor or administrator
in New Zealand, or Curator of Intestate Estates
acting under an order of the Supreme Court of New
Zealand, or undertaking the administration of an
estate without any order in pursuance of "The
Intestate Estates Act, 1865." -
Every person desirous of obtaining payment of
any sum not exceeding fifty pounds due from any
Public Department to any person deceased, shall
make a written application to the Colonial Treasurer,
stating the circumstances which render it expedient
that payment should be made to the applicant, and
not to a legal representative of the deceased. -
Such applicant, and every other person who
shall apply for payment of any such sum, shall
furnish such evidence of the death of the deceased;
of the state of his or her family; of the fact of
intestacy, or of the contents of any will; and of all
other facts as to which the Colonial Treasurer may
make inquiry, to such person, and in such manner, as
the Colonial Treasurer shall in each case require; but
the Colonial Treasurer may, if he think fit, act upon
evidence obtained from persons other than the
applicant. -
When any application has been received, the
Colonial Treasurer, if he thinks fit to proceed under
the said Act, shall, either before or after any re-
quired evidence has been furnished, publish a notice
in the New Zealand Gazette, stating the name of
the deceased, with such description as can be pro-
cured, and the intention of the Colonial Treasurer
to make a payment of money due to the deceased to
some person not being his or her legal representative,
and calling upon all persons objecting thereto to
give notice to the Colonial Treasurer of their objec-
tion within one calendar month from the publication
of the Gazette containing such notice; but it shall
not be necessary to state in such published notice
the name of any person to whom it is proposed to
make any payment. -
After the expiration of the said period of one
calendar month the Colonial Treasurer may pay, or
cause to be paid, such sum, or any part thereof, to
any person whom he may consider entitled thereto,
whether the original applicant or not; or he may
distribute such sum, or any part thereof, among any
two or more of such applicants, unless objection
shall be made as required by the published notice,
and such objection appear to the Colonial Treasurer
a reasonable one. -
If any legal representative of the deceased
shall object to any payment being made, or give
notice that he is such legal representative, and pro-
duce sufficient evidence in proof thereof, no payment
shall be made except to him. -
The Colonial Treasurer may require from any
person to whom money is to be paid under the said
Act, such security as he shall think fit for the pay-
ment of such money to the legal representative of
the deceased when appointed, and for applying such
money in any specified manner, and for indemnifying
the Colonial Treasurer and Her Majesty the Queen,
and the Revenues of the Colony, in respect of such
payment or for any of such purposes. -
These regulations shall apply to payments to
be made by the Government of any Province or
County in New Zealand, and in relation to such pay-
ments these regulations shall be read as if the words
"Provincial Treasurer," or "County Treasurer," as
the case may be, had been substituted for the words
"Colonial Treasurer," wherever they occur therein;
and as if the interpretation of the term "Colonial
Treasurer" in the first clause had been omitted, and
the security which may be required in the case of
payments made by a Provincial Treasurer or County
Treasurer, may be to indemnify the Revenues of the
Province and the Superintendent thereof, or the
Revenues of the County and the governing body
and the inhabitants thereof, as well as or instead of
all or any of the purposes mentioned in the last
preceding regulation.
HENRY D. PITT, Capt., R.A.,
Private Secretary
(for Clerk of the Executive Council).
G. F. BOWEN, Governor.
ORDER IN COUNCIL.
At Auckland, this fourth day of May, 1870.
Present:
HIS EXCELLENCY THE GOVERNOR IN COUNCIL.
WHEREAS by the one hundred and eighty-eighth
section of "The Lunatics Act, 1868," it is
enacted that the Governor in Council may from time
to time make such regulations as to him shall seem
meet for carrying into effect the purposes of the
said Act in all respects other than as provided for
by the one hundred and eighty-seventh section,
and for regulating the form and mode of pro-
ceeding in all cases other than as aforesaid
under the said Act, and for prescribing the
administrative duties of the Registrar in connection
with the management of the estates of lunatics and
lunatic patients, and for the due protection, care,
and management of the persons and estates of lunatic
patients, and for defraying the general charges
incident to the administration of the estates of
lunatics and lunatic patients, and such regulations
may from time to time rescind or vary, and substitute
others or another in lieu of them or any of them:
And whereas by the one hundred and sixth section
of the said Act it is enacted that the Registrar shall,
at the times and in manner directed by the regula-
tions in the said Act mentioned, certify what is
the amount of the percentage payable under the
one hundred and fifth section in respect of the
estates of all or of any lunatics and lunatic patients,
and who is the committee or other person who is to
pay the same; and thereupon the Registrar, com-
mittee, or other person as aforesaid, shall pay the
same, and payment thereof may and shall be enforced
by the Court on the application of the Registrar:
And whereas by the one hundred and fiftieth
section of the said Act it is enacted that the Registrar
shall from time to time pay into the Public Account,
to the credit of the Public Trust Fund, all the surplus
moneys, proceeds, and income belonging to the estate
of all lunatic patients not applied or disposed of under
the said Act, or any such order, or the said regu-
lations, and all or any part of such moneys standing
to the credit of any such estate in the Public Trust
Fund may and shall be paid from time to time,
and at any time before the expiration of the six
years thereinafter mentioned, upon the order of the
Supreme Court, to the patient or to any other person
authorized by such order to receive the same:
And whereas it is expedient that regulations should
be made under the powers in the said Act contained.:
Now therefore, His Excellency the Governor, by
and with the advice and consent of the Executive
Council of New Zealand, doth by this present Order
revoke all other Regulations made under the said
Act, and doth make the Regulations following, that
is to say:-
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β¨ LLM interpretation of page content
π°
Regulations under Public Payments without Probate Act, 1869
(continued from previous page)
π° Finance & Revenue4 May 1870
Public Payments, Probate, Colonial Treasurer, Legal representative, Intestate Estates Act 1865, Provincial Treasurer, County Treasurer
- Henry D. Pitt, Private Secretary (for Clerk of the Executive Council)
- G. F. Bowen, Governor
π₯ Order in Council making regulations under The Lunatics Act, 1868
π₯ Health & Social Welfare4 May 1870
Lunatics Act 1868, Regulations, Registrar duties, Lunatic estates, Public Trust Fund, Supreme Court
- HIS EXCELLENCY THE GOVERNOR IN COUNCIL
NZ Gazette 1870, No 25