✨ Government Orders in Council
628
THE NEW ZEALAND GAZETTE.
[No. 34
at the Government House, at Wellington, this
twenty-third day of May, in the year of our Lord
one thousand eight hundred and eighty-nine.
THOS. FERGUS,
(For the Minister of Lands.)
GOD SAVE THE QUEEN!
-
When any balance at credit of an estate or any dis-
tributive share are shall be paid, interest (if allowable) shall be
added thereto up to the end of the quarter next preceding
such payment. -
As to estates under administration, such additions
of interest shall not be actually credited unless and
until the same shall be required on the distribution or
payment out, in pursuance of any sufficient demand or
direction, to any person or persons entitled thereto, of his,
her, or their own right, or by representation; or the income is
required for the purpose of, and properly payable out for,
maintenance; in which cases the same shall be credited,
allowed, and paid quarterly, half-yearly, or annually, as the
occasion may require.
Regulations for Payment of Interest in the Public Trustee's
Account.
ONSLOW, Governor.
ORDER IN COUNCIL.
At the Government House, at Wellington, this fourteenth
day of May, 1889.
Present:
HIS EXCELLENCY THE GOVERNOR IN COUNCIL.
B Y virtue and in exercise of the powers and authorities
vested in the Governor by "The Public Trust Office
Amendment Act, 1873," and of all other powers and authori-
ties enabling him in this behalf, His Excellency the Governor
of the Colony of New Zealand, acting by and with the
advice and consent of the Executive Council of the said
colony, doth hereby revoke and rescind all the regulations
and schedules respectively made under the said Act by
Orders in Council on the twenty-fourth day of June, one
thousand eight hundred and seventy-four, the ninth day
of January, one thousand eight hundred and eighty-three,
and the fourteenth day of February, one thousand eight
hundred and eighty-seven, and by and with the like advice and
consent, and in exercise of the like power and authority, doth
hereby order and declare that, from and after the day of the
publication hereof in the New Zealand Gazette, the regula-
tions set forth in the Schedule hereto shall be and the same
are hereby prescribed for the purpose of providing in what
manner, at what times, and in what proportions the interest
accruing from the investment of moneys in the Public
Trustee's Account shall be divided amongst the properties
from which the fund arises: Provided that nothing con-
tained in such regulations shall affect moneys as to which
special provision is made for the investment thereof by the
trusts affecting the particular property.
FORSTER GORING,
Clerk of the Executive Council.
Fixing Fees under the Resident Magistrates Acts.
ONSLOW, Governor.
ORDER IN COUNCIL.
At the Government House, at Wellington, this twenty-
eighth day of May, 1889.
Present:
HIS EXCELLENCY THE GOVERNOR IN COUNCIL.
W HEREAS by section one hundred and twenty-seven
of "The Resident Magistrates Act, 1867," it is
enacted that the fees to be taken in respect of the said Act
shall be fixed, varied, and abolished as the Governor in
Council shall from time to time direct and appoint:
Now, therefore, His Excellency the Governor, in pursuance
and exercise of the powers and authorities aforesaid, doth
hereby, with the advice and consent of the Executive
Council of the Colony of New Zealand, order, prescribe, and
declare that, on and from the first day of July, one thou-
sand eight hundred and eighty-nine, the fees heretofore
fixed to be taken and paid under "The Resident Magistrates
Act, 1867," and Acts amending the same, shall be abolished,
and in lieu thereof the fees specified in the Schedule hereto
shall be the fees to be taken and paid in respect of the
several proceedings, matters, and things under the aforesaid
Acts mentioned and set forth in the said Schedule.
SCHEDULE.
REGULATIONS for payment of interest on balances of estates
held in the Public Trust Office, where the instruments under
which such estates were vested do not otherwise prescribe :-
In respect of sums to remain for a fixed period, -
-
Any sum exceeding £100, received on account of an
estate, which sum is not required to be withdrawn for a
period of not less than three years, shall be invested under
the direction of the Board, in one or other of the securities
prescribed by section 25 of "The Public Trust Office Act,
1872." -
All securities purchased as above shall be held for the
estate for which the investment was made; and all interest
received in respect of such securities shall be added to, and
form part of, the balance of such estate. -
When the balance of any estate for which a special
investment shall have been made shall be withdrawn, the
securities shall be delivered to the person entitled to receive
the balance, the value of such securities being taken to be
the price at which they were originally purchased.
In respect of floating balances, -
All floating balances at the credit of properties other than
trust estates shall bear interest at the rate of £4 per cent.
per annum, which shall be rateably credited against each sum
or distributive share and added thereto (except as hereinafter
appears) on the 31st day of December in each and every year,
subject to the following provisions, and computed in the fol-
lowing manner:-
-
All computations of interest shall be made on the
minimum balance that shall have been at the credit of each
such property or estate at any time in respect, and as on the
last day, of each calendar quarter of a year, but with the ex-
ceptions that no interest shall be allowed when there was
not a balance in the office on the first day of the quarter, nor
when the balance at any one time during a quarter at credit
was less than £50; and these exceptions are to be confined
strictly to the separate quarters only in which such events
occur, and are not to affect the remaining quarters in which
the money was in hand, and was over £50 the whole period
of any one or more quarters. -
Nevertheless, interest shall be computed at the rate and
in manner aforementioned on all estates retained in the
office by reason of the person or persons beneficially entitled
thereto or in whom the same may be vested being a minor or
minors, and during the period only of his, her, or their
minority respectively, of which the aggregate minimum
balance at credit during any one or more preceding quarters
shall not have been less than £10.
SCHEDULE.
(1867.)
| Item | Not exceeding £5. | Not exceeding £10. | Not exceeding £20. | Not exceeding £50. | Not exceeding £100. |
|---|---|---|---|---|---|
| Plaint, summons, and service | 3s. | 5s. | 10s. | 15s. | 20s. |
| Hearing and judgment | 2 | 5 | 10 | 15 | 20 |
| Confession and judgment | 2 | 5 | 10 | 15 | 20 |
| For each additional summons and service where more than one de- fendant. | 2 | 3 | 5 | 8 | 10 |
| Filing notice of set-off ... | 2 | 3 | 5 | 8 | 10 |
| Summons for each witness | 3 | 3 | 3 | 3 | 3 |
| Every order not being final | 2 | 2 | 2 | 2 | 2 |
| Adjournment of hearing on applica- tion of either party | 1 | 2 | 3 | 4 | 5 |
| For every application for reinstate- ment of summons | 1 | 2 | 3 | 4 | 5 |
| Filing agreement as to jurisdiction | 1 | 2 | 2 | 2 | 2 |
| Filing notice of application for re- hearing | 2 | 3 | 3 | 4 | 5 |
| Application for rehearing | 1 | 2 | 3 | 5 | 8 |
| Order for rehearing | 1 | 2 | 3 | 4 | 5 |
| Order giving leave to appeal | 2 | 3 | 5 | 10 | . |
| Settling case for appeal, not ex- ceeding five folios (1s. for every additional folio to be added) | . | . | . | . | . |
| Warrants of distress and execution | 4 | 5 | 7 | 10 | 15 |
| For each man left in possession on the premises when absolutely ne- cessary, 8s. a day or portion of a day. | |||||
| For storage, amount actually paid. | |||||
| Commission on sale by auctioneer or bailiff, £5 per cent. | |||||
| Advertising, actual cost. | |||||
| For every application to the Court, not being a hearing | 1 | 2 | 3 | 4 | 5 |
| Filing notice thereof. | 1 | 1 | 1 | 1 | 1 |
| Swearing and filing affidavit | 1 | 1 | 1 | 1 | 1 |
| For every search | 1 | 1 | 1 | 1 | 1 |
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✨ LLM interpretation of page content
🗺️ Approval of action at Government House, Wellington
🗺️ Lands, Settlement & Survey23 May 1889
Proclamation, Government House, Wellington, Minister of Lands
- THOS. FERGUS (For the Minister of Lands)
💰 Regulations for Payment of Interest in the Public Trustee's Account
💰 Finance & Revenue14 May 1889
Public Trust Office, Interest calculation, Investment, Regulations, Executive Council
- ONSLOW, Governor
- FORSTER GORING, Clerk of the Executive Council
⚖️ Fixing Fees under the Resident Magistrates Acts
⚖️ Justice & Law Enforcement28 May 1889
Resident Magistrates Act, Court fees, Schedule, Abolition of fees, Wellington
- ONSLOW, Governor
NZ Gazette 1889, No 34