✨ Lunacy Regulations and Cattle Act




214
THE NEW ZEALAND GAZETTE.

Regulations affecting Registrars of Supreme Court
in Lunacy matters.

  1. The percentage authorized to be charged on
    moneys collected by or coming under the control
    of the Registrar for or on behalf of any lunatic
    patient or his estate, shall be according to the rates
    following:-

Class I.-On proceeds of sales made by the
Registrar, moneys in bank or on deposit in
bank or otherwise, or in personal possession
of lunatic, mortgage moneys (except interest),
debts due to lunatic (except such as are specially
provided for)-

On the first two hundred pounds received,
no percentage shall be charged.

After the first two hundred pounds collected,
and up to two thousand pounds, at the rate of
five per cent.

After the first two thousand pounds, and
up to five thousand pounds, four per cent.

After the first five thousand pounds, three
per cent.

Class II.-On clear annual income from
rents, interest on mortgages, income from in-
vestments in Government Securities, shares in
Joint Stock Companies, or similar investments-

The rate of six per centum for each clear
annual income amounting to fifty pounds and
not amounting to one thousand pounds.

The rate of five per centum for each clear
annual income amounting to one thousand
pounds and not amounting to three thousand
pounds.

The rate of four per centum for each clear
annual income amounting to three thousand
pounds or upwards.

  1. The Registrar shall, on the first day of every
    month, unless such day be a Sunday, and then on the
    following Monday, certify under his hand, in the form
    marked A, in the Schedule hereto, to the Colonial
    Treasurer, the several amounts payable by himself as
    Registrar, and the several amounts payable by each
    committee appointed in his Judicial District, to the
    Consolidated Fund, as percentages under the one
    hundred and fifth section of the said Act, in respect
    of moneys belonging to lunatics collected by, paid
    to, or coming under the control of such Registrar
    and committee during the month preceding, and shall
    forthwith transmit such certificate to the Colonial
    Treasurer.

  2. Whenever under the one hundred and ninth
    section of the said Act, any order shall be made by
    the Supreme Court, or any Judge thereof, exempting
    any estate from payment of percentages, the Regis-
    trar shall forthwith transmit a copy of such order to
    the Colonial Treasurer.

  3. Every Registrar shall each day, immediately
    before the close of the Bank, pay into the Branch
    of the Bank of New Zealand at the town at which
    his office is, or into such other Bank as the Governor
    shall from time to time appoint, all the money in his
    possession which he shall have received by virtue of
    his office for or on behalf of any lunatic patient, or
    his estate, to an account to be called "The Lunatics'
    Estates Trust Account of the Registrar of the
    Supreme Court ," (specifying the name
    of the Judicial District); and if he receive any such
    money after the hours at which the Bank closes, he
    shall pay it into the Bank with his receipt on the
    following day.

  4. Moneys shall be withdrawn from every such
    account only by cheque signed by such Registrar or
    his successor in office, countersigned by the Auditor
    appointed to audit his accounts.

  5. Every Registrar shall keep a separate debtor
    and creditor account of each estate, showing all
    moneys received by him under the said Act for or on
    behalf of any lunatic patient or his estate, and how
    the same may have been disbursed or dealt with, in
    a book to be entitled, "Lunatics' Estates Account for
    the Judicial District of ," (specifying it); and
    he shall, within three days after the close of each
    month, send to the Auditor appointed to audit his
    accounts separate accounts of the receipt and
    expenditure of all such moneys as shall have been
    received by him for or on behalf of each lunatic
    patient or his estate during such month, together
    with duplicate receipts of all moneys paid by him,
    and certificates from the Bank of the balance standing
    to the credit of the said Trust Account.

  6. Every Auditor appointed under the provisions
    of the said Act to audit Registrars' accounts shall
    require that all accounts which it shall be his duty
    to audit shall be transmitted to him with regularity
    and despatch; and he shall audit the same; and if he
    shall find any error in any of the said accounts, he
    shall call upon the Registrar forthwith to explain
    the same; and if such Registrar shall fail or delay to
    make such explanation to his satisfaction, such
    Auditor shall forthwith notify the same to the
    Colonial Secretary.

  7. Every Registrar of the Supreme Court shall,
    on the third Wednesday in the months of March,
    June, September, and December, in every year,
    after the deduction of such moneys as may be retained
    or expended by such Registrar under the powers by
    law vested in him, pay or transfer all surplus moneys
    in his hands on account of any lunatic patient, or his
    estate, or standing to the credit of any such account
    as aforesaid, into the Public Account; and the same
    shall be placed by the Colonial Treasurer to the
    credit of the Public Trust Fund, and be there kept as
    a separate account.

SCHEDULE.
A.

To the Colonial Treasurer.

In the Judicial District of (specifying it).
The Estate of (naming him in full), a lunatic.

I HEREBY certify that the sum of is payable
to the Consolidated Fund, as percentages on the
estate of the above-named lunatic, in respect of
money collected by or coming under the control of
as Registrar (or Committee, as the case
may be), during the month ending the day
of
Dated day of 187 .
Registrar of Supreme Court.

HENRY D. PITT, Capt., R.A.,
Private Secretary
(for Clerk of the Executive Council).

ORDER IN COUNCIL.

At the Government House, at Auckland, this
fourth day of May, 1870.

Present:

HIS EXCELLENCY THE GOVERNOR IN COUNCIL.

WHEREAS by "The Diseased Cattle Act, 1861,"
it is enacted that the Governor in Council
may, by Warrant under his hand, from time to time
delegate to the Superintendent of any Province
within the Colony all or any of the powers vested in
the Governor or the Governor in Council by the said
Act, subject to such regulations as he may think fit:
And whereas by the fourth section of "The Diseased
Cattle Act Amendment Act, 1865," it is enacted
that the Governor may, by any Order in Council,



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Online Sources for this page:

VUW Te Waharoa PDF NZ Gazette 1870, No 25





✨ LLM interpretation of page content

πŸ₯ Regulations Governing Supreme Court Registrars' Percentages in Lunacy Matters

πŸ₯ Health & Social Welfare
4 May 1870
Registrars, Supreme Court, Lunacy, fees, percentages, Consolidated Fund, Public Trust Fund, audit
  • HENRY D. PITT, Capt., R.A., Private Secretary (for Clerk of the Executive Council)

🌾 Order in Council delegating powers under The Diseased Cattle Act

🌾 Primary Industries & Resources
4 May 1870
Diseased Cattle Act 1861, Delegation of powers, Province Superintendent, Warrant
  • HIS EXCELLENCY THE GOVERNOR IN COUNCIL