88
THE NEW ZEALAND GAZETTE.
[No. 6

Regulations under “The Public Trust Office Acts Amendment Act, 1891.”

ONSLOW, Governor.
ORDER IN COUNCIL.

At the Government Buildings, at Wellington, this thirteenth day of January, 1892.

Present:

THE HONOURABLE THE PREMIER PRESIDING IN COUNCIL.

WHEREAS by the 17th section of “The Public Trust Office Acts Amendment Act, 1891,” it is provided that the power to make, alter, or revoke the regulations conferred by “The Public Trust Office Act, 1872,” shall include power to make regulations for the custody of the moneys in the Public Trustee’s Account, and the payment of moneys to or withdrawal of moneys from such account, and the mode of keeping and auditing that account, and any other account that may be deemed necessary in the business of the Public Trust Office, and for any object or purpose that may be deemed necessary for the efficient administration of the Acts relating to the Public Trust Office, or any of them, and for carrying the provisions thereof, or any of them, into effect: And whereas it is expedient that the regulations should be made as hereinafter mentioned:

Now, therefore, His Excellency Earl of Onslow, Governor of the Colony of New Zealand, in pursuance and exercise of the power and authority vested in him by the said part recited Act, and by and with the advice and consent of the Executive Council of the said colony, doth hereby make the several regulations set forth in the Schedule hereto, and doth declare that such regulations shall come into force and take effect on and after the thirteenth day of January, one thousand eight hundred and ninety-two.

SCHEDULE.

1. EVERY person into whose hands or under whose control any moneys shall come, being part of or accruing out of any property placed in the Public Trust Office, or payable to the Public Trustee by virtue of his office, shall pay all such moneys to the Public Trustee’s Account as soon as practicable after their receipt.

It shall, notwithstanding, be lawful for any officer or agent of the Public Trustee to pay out of any balances in his hands any claims upon the Public Trust Office which he shall be directed by the Public Trustee to pay.

2. The custody of the moneys in the Public Trustee’s Account shall be intrusted to the Bank of New Zealand, hereinafter referred to as “the bank.”

3. The withdrawal of moneys from the Public Trustee’s Account shall be effected by cheques upon such account, signed by the Public Trustee, and countersigned by the Chief Clerk of the Public Trust Office.

4. The manager of the bank shall make up, at the close of business every day, the pass-book of the Public Trustee’s Account, and send the same to the Public Trustee; and at the same time send to the Auditor-General a statement showing the total receipts into, payments out of, and the balance of such account at the close of each day.

5. The Public Trustee shall keep a cash-book, which shall be made up daily, and in which shall be entered the receipts and payments made by, or reported to, the Public Trustee.

6. The Public Trustee shall keep the following separate accounts:—

(a.) A “Profit and Loss” or “Expenses Account,” which shall be charged with all salaries and other expenses incurred in the general management of the Public Trust Office, and the interest allowed to the properties placed in such office; and shall be credited with all fees, interest on investments, and other moneys paid into the Public Trustee’s Account, but not belonging to or forming part of any property placed in the Public Trust Office.

(b.) An account showing in detail the receipts and payments made on account of each separate property placed in the Public Trust Office.

(c.) An account of the investments of the moneys of the common fund of the Public Trust Office, and an account of the special investments of the moneys of properties placed in such office.

7. Any moneys payable to the Public Trustee’s Account may be lodged for credit of that account with such Postmasters as the Postmaster-General may authorise and the Public Trustee may direct; and the amount of such lodgments shall be transferred by the Postmaster-General to the credit of the Public Trustee’s Account as often as the Public Trustee and the Postmaster-General may arrange.

8. The amounts payable within the colony out of the Public Trustee’s Account may be forwarded by the Public Trustee to the Postmaster-General for payment by the Postmasters at such towns or places in the colony as the Public Trustee may request, and the Postmaster-General may direct, to make such payments.

9. It shall not be necessary that any claims which, in the opinion of the Public Trustee, are correct and payable out of the Public Trustee’s Account shall be audited before they are paid, otherwise than by an examiner or officer of the Public Trust Office.

10. Every claim upon the Public Trust Office must be made in the form required by the Public Trustee.

11. The mark of any payee unable to write, and the mark or signature of every Maori, must be witnessed by a European other than the paying officer or agent.

12. A claimant unable personally to apply for payment may authorise by a special or general order on the form which the Public Trustee may supply for the purpose that the payment may be made to an agent. The special order shall be on or attached to the claim, but the general order shall be recorded in the Public Trust Office, and quoted on each of the claims to which it may apply.

13. In the case of a special or general order given by a Maori, it must be certified, on the authority by a licensed interpreter, that he has translated the contents of the authority to the Maori, and that the latter understood them.

14. One month’s pay at an annual salary must be calculated at one-twelfth of such salary. Pay for a period less than a month must be computed by multiplying the month’s pay by the number of days in such period, and dividing it by the number of days in the month.

15. Where wages or allowances are fixed by the day, the total number of days within the period must be taken, unless it is stated that the working-days only are to be allowed.

16. The officer or agent authorised to pay a claim on the Public Trust Office must be satisfied before paying it that the applicant for payment is entitled to receive the amount, and that any necessary document has been produced.

17. No claim on the Public Trust Office shall be paid until it has been, to the satisfaction of the Public Trustee or the paying agent, proved and certified to be correct, as may be required by the Public Trustee, and receipted by the claimant or by the claimant’s duly-authorised agent, and until the signature of the payee has been attested when such attestation is required by the Public Trustee.

18. The officers and agents of the Public Trustee will be held responsible for all errors in calculation in the accounts or claims which they certify to be correct, and for any loss due to their neglect of these regulations or of the instructions given by the Public Trustee.

19. In any case which is not provided for by the Public Trust Office Acts or by these regulations, or in which the strict observance of these regulations would be injurious to the interest of the Public Trust Office, or in which there may be doubt or difficulty, the special instructions of the Public Trustee must be applied for and followed.

20. All securities for the investment of moneys out of the Public Trustee’s Account shall be kept under two keys in the custody respectively of the Public Trustee and of the Chief Clerk of the Public Trust Office.

21. The Public Trustee shall, within sixty days after the close of each year ending on the thirty-first day of December, prepare a balance-sheet, showing—

(a.) The whole receipt and expenditure of the Public Trustee’s Account during such year, and the sums invested in any securities.

(b.) Under a separate head, the receipts and payments on account of the Profit and Loss or Expenses Account, and the advances out of, the repayments into, and the balance due to, the Consolidated Fund.

(c.) The aggregate of the receipt and expenditure on account of all properties placed in the Public Trust Office, but not showing any particulars in respect to each or any of such last-mentioned properties.

And the Public Trustee shall send such balance-sheet to the Auditor-General, who shall, as soon as conveniently may be thereafter, transmit the same, with such report thereon as he thinks fit, to the Colonial Treasurer.

22. So far as may be consistent with these regulations, the Auditor-General shall have in respect to the Public Trustee and the Public Trust Office, and all the officers employed therein, and to all other persons, all the powers, which he now possesses, or may hereafter possess, in respect to any department, or the officers employed in any department, of the Civil Service of the colony, or to other persons.

ALEX. WILLIS,
Clerk of the Executive Council.

Rural Land in the Wellington Land District open for Sale or Selection.

ONSLOW, Governor.

IN pursuance and exercise of the powers and authorities conferred upon me by the third section of “The Land Act Amendment Act, 1887” (hereinafter termed “the said Act”), I, William Hillier, Earl of Onslow, the Governor of the Colony of New Zealand, having received the report of the