Mar. 31.] THE NEW ZEALAND GAZETTE. 977

fication and Superannuation Act, 1908,” “The Post and Telegraph Act, 1908,” section 243 of “The Education Act, 1908”—4½ per cent. whatever the amount.

Class V.—On capital moneys received under any other Act—On all sums of £10 and upwards, 4 per cent.

14. The last preceding clause (13) shall be construed subject to the following special provisions:—

(1.) In cases under Classes I, II, or III, the Public Trustee shall fix the date on which interest shall begin to accrue, and such interest shall be capitalised yearly on the 1st day of April.

(2.) In computing for purposes of such interest as aforesaid the capital moneys belonging to any estate, sums received by the Public Trustee from rents, dividends, interest, and other miscellaneous sources shall be capitalised half-yearly on the 1st day of April and the 1st day of October, and until so capitalised shall not bear interest.

(3.) Before unclaimed moneys are paid into the Consolidated Fund under “The Public Revenues Act, 1908,” all accumulations of interest, if any, theretofore credited by the Public Trustee under clause 13 hereof, or the corresponding provisions of any former regulations, shall be deducted, and the amount paid in shall be the net amount actually received by the Public Trustee.

15. 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.”

16. 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, or, in his absence, whether temporary or permanent, by the Accountant, or such other officers as the Public Trustee from time to time authorises, either generally or specifically.

17. The manager of the bank shall make up daily, at the close of business, 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, and payments out of, and the balance of such account at the close of each day.

18. 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.

19. 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 shall be credited with all fees, surplus 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 estate placed in the Public Trust Office.

20. 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 directs; 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 arrange.

21. The amounts payable within the Dominion out of the Public Trustee’s Account may be forwarded by the Public Trustee to any of his managers or agents, and to the Postmaster-General, for payment by the Postmasters at such towns or places in the Dominion as the Public Trustee requests, and the Postmaster-General directs, to make such payments.

22. 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 officer of the Public Trust Office appointed to examine and audit such accounts.

23. Every claim upon the Public Trustee shall be made in the form required by the Public Trustee.

24. Where any moneys are payable to any person unable to sign his name, then no such payment shall be made except upon a receipt purporting to bear the mark of the person entitled to receive the money, and attested by some adult person other than the paying officer. The attestation shall state that the receipt was read over and explained to the person making his mark. It shall not be necessary for the Public Trustee, unless he thinks proper, to inquire whether such person is an adult or not, and, notwithstanding that such person may afterwards be discovered not to be an adult person, the receipt shall be valid.

25. A claimant may authorise by a special or general order, in such form as may from time to time be approved of by the Public Trustee, that any payment may be made to any other person. The special order shall be on or attached to the claim. In the case of a general order it shall be sufficient if such general order is sent to the Public Trustee; and, notwithstanding that such general order may be revoked by death or otherwise, any payment made pursuant thereto shall be good and valid unless prior to the payment the Public Trustee shall have received actual notice in writing of such death or revocation. The provisions of Regulation 23 as to attestation of receipts shall, mutatis mutandis, apply to such orders.

26. Where a Native gives a special or general order it shall purport to be attested by a licensed Native interpreter, appointed under any law relating to the licensing of Native interpreters, who shall certify in attesting that he has explained the order to the Native, and the Native understood it: Provided that the Public Trustee may dispense with any such attestation. It shall not be necessary for the Public Trustee, unless he thinks proper, to ascertain whether the person so attesting is a licensed Native interpreter or not, and notwithstanding that it may afterwards be discovered that the person attesting was not a licensed interpreter, the order, and all acts and things done thereunder, shall be valid. This regulation shall be construed subject to any statutory provision dealing with the matter.

27. 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.

28. 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.

29. The officer or agent authorised to pay a claim on the Public Trustee 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.

30. No claim on the Public Trustee 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.

31. 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.

32. In any case which is not provided for by statute 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.

33. All securities for the investment of moneys out of the Public Trustee’s Account shall be kept under three keys, in the custody respectively of the Public Trustee, the Accountant of the Public Trust Office, and the Auditor.

34. All regulations in force under the Acts repealed by the Act, except regulations made by the Governor or the Public Trustee under “The West Coast Settlement Reserves Act, 1892,” and “The West Coast Settlement Reserves Act Amendment Act, 1893,” on the 27th day of October, 1892, the 31st day of October, 1892, the 14th day of December, 1892, the 13th day of February, 1893, and the 7th day of April, 1894, are hereby revoked: Provided always that the provisions of “The Acts Interpretation Act, 1908,” relating to repeal of Acts shall apply to the regulations hereby revoked.

CHARGES TO BE MADE BY THE PUBLIC TRUSTEE.

35. The following commissions, fees, sums of money, and charges shall be payable to the Public Trustee:—

(a.) Upon the gross capital of any estate (other than that of an intestate or a lunatic) realised by the Public Trustee,—

On any sum up to £10,000 .. £2½ per cent.
On all in excess of £10,000 .. £1½ per cent.

(b.) Upon such of the capital of any estate realised by a former executor, trustee, or administrator, or person acting in a fiduciary character, as becomes vested in the Public Trustee .. £1 per cent.

Provided that such charge shall be payable by the beneficiaries at the period of distribution.

Minimum charge under (a) and (b) £1

B