cipal. Repealed by 38 Vict. No. 496 s. 16, Public Moneys (Stock Amendment)," post, p. 2203. Section 18. 36 VICTORIA, any acceptance thereof, or for the purpose of receiving the interest No. 428. on the said stock, or for the purpose of receiving the money to be stock and receive paid on the redemption of any part of the said stock under the coninterest or prin- dition hereinafter contained, shall be thereunto authorized by writing under hand and seal attested by two or more credible witnesses; [and no person shall be appointed an attorney for any of the purposes aforesaid unless he shall be such manager or other principal officer as aforesaid;] and every power of attorney executed for any of the purposes aforesaid shall be in such of the forms contained in the Eighth Schedule. Eighth Schedule to this Act as shall be applicable, and shall be deposited and kept in the Treasury, and shall be as valid and effectual to all intents as if the same had been filed in the office of the Registrar-General, and the death bankruptcy insolvency or (if a female) the marriage of the principal or the revocation of such power had not been registered according to law; but no such attorney shall be entitled to sign or accept any such transfer as aforesaid or to receive any interest or the money to be paid on such 27 Vict. No. 204. redemption as aforesaid until a notice (in the form in the Ninth Ninth Schedule. Schedule to this Act or to that effect) shall have been sent by the post to every person registered as a proprietor of the said stock a sufficient time to enable him to receive and reply to such notice; and no form of any such power of attorney shall be supplied to any person except on the written request of the registered proprietor of the stock to be affected thereby countersigned by such manager or other principal officer as aforesaid. When transfer books to be closed and ledgers balanced. Judge may pro hibit transfer in certain cases. 21. No transfer of the said stock or of any part thereof shall be made on any Saturday or holiday or within the period of fourteen days next before either of the days on which the interest thereon shall under the provisions herein before contained be payable, and during the periods last aforesaid respectively the Treasurer shall cause the amount of the said stock respectively standing to the credit of the several proprietors thereof to be ascertained and the balances to be struck and carried forward in the proper stock ledger. 22. If any person shall by the affidavit of himself or of another or others make appear to the satisfaction of a judge of the Supreme Court that any part of the said stock standing in the names of any other person or persons is held by him or them upon any trust in the execution or performance of which such first-mentioned person is beneficially interested, it shall be lawful for such judge to make Tenth Schedule. an order in the form and to the effect contained in the Tenth Schedule to this Act, and such order shall be signed in duplicate and with office copies of the affidavit or affidavits mentioned therein. shall be delivered to or served upon the Treasurer, who shall obey the said order and cause the same and the said attested copies to be filed in his office and a memorandum of the said order to be made in the proper place in the stock ledger.(a) Treasurer to give notice thereof. 23. Upon the receipt of any such order and office copies as aforesaid the Treasurer shall cause to be sent by the post to every person registered as a proprietor of the stock mentioned in such (a) Obtaining a stock certificate is to be deemed a transfer; see 36 Vict. No. 439 s. 19, "Public Moneys (Debentures Conversion)," post, p. 2195. order a notice in the form contained in the Eleventh Schedule to this 36 Victoria, No. 428. Act or to the like effect. Eleventh rescind order. 24. Any person registered as proprietor of the stock mentioned Schedule. in any such order as aforesaid may at any time apply by summons Application to to any judge of the Supreme Court to rescind such order or to permit a transfer of some specified part of the said stock, and such. judge may make an order with or without costs dismissing such summons or rescinding such first-mentioned order or permitting a transfer of some specified part as aforesaid, and such order shall be signed in duplicate and shall be delivered to or served upon the Treasurer, who shall obey the same and cause it to be filed in his office and a memorandum of it to be made in the proper place in the stock ledger. supply forms and 25. The Treasurer shall cause to be printed and kept at the Treasurer to Treasury in Melbourne a sufficient supply of the several forms con-demand fees. tained in the Second Third Fourth Fifth Sixth Seventh Eighth and Ninth Schedules to this Act, and no forms other than those printed as aforesaid shall be used; and he shall and may demand take and receive for and in respect of the several matters and particulars mentioned in the Twelfth Schedule to this Act, the fees in that Twelfth behalf prescribed by the same Schedule, and all such fees shall be Schedule. carried to and form part of the consolidated revenue. gistered stock charge without regard to trusts. 8 & 9 Vict. c. 16 s. 20. 26. The Treasurer shall not be bound to see to the execution of Receipts of reany trust, whether express implied or constructive, to which any part o of the said stock may be subject; and the receipt of the party in whose name any such part shall stand in the stock ledger, or if it stands in the names of more parties than one the receipt of one of the parties named in the stock ledger, shall from time to time be a sufficient discharge to the Treasurer for any interest payable in respect of such part notwithstanding any trusts to which such part may then be subject and whether or not the Treasurer have had notice of such trusts, and the Treasurer shall not be bound to see to the application of the money paid upon such receipt. 27. No action or suit shall be brought or maintained against Actions against any person who shall be or shall have been Treasurer of Victoria Treasurer. for any nonfeasance or misfeasance in connection with the duties imposed upon him by this Act, but for any such nonfeasance or misfeasance an action may be brought and maintained in the Supreme Court but not in any other court against "The Treasurer for the time being of this colony" without mentioning any christian name or surname, and the wrong complained of may be alleged as the act of "the defendant." And in all cases where the plaintiff in any such action shall be entitled to recover, the court shall give judgment that the plaintiff "do recover out of such part of the consolidated revenue as may be appropriated by Parliament for that purpose" the damages assessed and his costs of suit, and no other judgment whatsoever shall be awarded by the said court; but in every such action the defendant if he obtain judgment upon verdict or otherwise shall in all cases be entitled to his full costs in that behalf, and may be described in all writs of execution and other process in the manner and by the title aforesaid only. 36 VICTORIA, No. 428. Mode and time of redemption. 8. 24. 28. At any time (but subject nevertheless to the proviso next hereinafter contained) upon one year's notice to be printed in the Government Gazette and upon payment by Parliament according to such notice of the sum of Twenty shillings for every One pound of 25 Geo. II. c. 27 the said stock by payments not less than Five thousands at one time in such manner as shall be directed by any future Act or Acts of Parliament in that behalf and also upon full payment of all arrearages of interest thereon, then and not till then the interest payable on the said sums so paid off shall cease and the said part of the said stock shall be understood to be redeemed; and any vote or resolution of the Legislative Assembly signified by the Speaker in writing to be inserted in the said Gazette shall be deemed and adjudged to be sufficient notice within the words and meaning of this Act: Provided always that no part of the said stock shall be so redeemed within twenty-five years next after the passing of this Act. Debentures and of Master-inEquity to be converted into stock which is to be credited to the Treasurer. 29. All debentures which at the time of the passing of this Act moneys in hands shall be held by the Master-in-Equity by virtue of his office or of any order or decree of the Supreme Court shall, subject to any order which may in the meantime be made by the said court relating thereto, be sold by him in such amounts as the Governor in Council shall from time to time direct, and the moneys arising from such sales shall, subject as aforesaid, be invested by him in the purchase of the said stock, which shall be placed in the name of the Treasurer in the said stock ledgers, and for every Twenty shillings of the said moneys respectively paid into the Public Account to the credit of the said account called the Public Works Loan Account 1872 by the said Master, the Treasurer is hereby required to place to the credit of his account in the said stock ledgers One pound of the said stock; and the said Master is and shall be by virtue of this Act indemnified in and for selling the said debentures and investing the said moneys respectively as aforesaid, and the Treasurer's said account in the said stock ledger shall be an official and not a nominal account; and in all transfers of the said stock by the Treasurer he shall be so styled without any name addition or other description, and he shall not sign any such transfer unless an order of the said court directing such transfer and specifying the amount of stock and the name description and addition of the person to whom it is to be transferred, or directing a sale of such stock and specifying the amount of money to be raised by such sale shall be left in his office, nor in the latter case until a receiver of revenue appointed in that behalf has certified that he has received the purchase money of the stock to be transferred. Interest to be 30. The interest on the said stock standing to the credit of the paid according to said account in the name of the Treasurer as aforesaid and all prin order of the court. cipal moneys payable under the preceding section shall be placed to Public trust moneys to be invested in stock. the credit of a fund to be called "The Suitors Fund." 31. It shall be lawful for the Treasurer by the direction of the Governor in Council to invest the moneys from time to time lying in the Treasury to the credit of "The Trust Fund" or to the credit of any fund or assurance fund, for any purpose partaking of the nature of a public trust, in the purchase of stock erected by this Act of equal value to be placed in the name of the Treasurer in the said stock ledgers and from time to time by the direction aforesaid to 36 VICTORIA, sell any or all of the said stock and for that purpose to sign any No. 428. transfers which may be required, and to apply the proceeds thereof Power to sell. towards meeting any demands on any of the said trust or assurance funds: Provided that no such transfer shall be made until a receiver of revenue appointed in that behalf has certified that he has received the purchase money of the stock so to be transferred. or Government security. 32. The said stock shall be deemed a public or Government Stock to be public security within the meaning of any Act incorporating or relating to any bank or banking company carrying on business in Victoria or any Act authorizing or directing the investment of any moneys on public or Government security. of stock &c. a c. 98 s. 2. 33. Whosoever shall forge or alter or shall offer utter dispose Forging transfer of or put off knowing the same to be forged or altered any transfer felony. of any share or interest of or in any stock which now is or hereafter 24 & 25 Vict. may be transferable at the office of the Treasurer, or shall forge alter or shall offer utter dispose of or put off knowing the same to be forged or altered any power of attorney or other authority to transfer any share or interest of or in any such stock or to receive any interest or money payable in respect of any such share or interest, or shall demand or endeavour to have any such share or interest transferred or to receive any interest or money payable in respect thereof by virtue of any such forged or altered power of attorney or other authority knowing the same to be forged or altered, with intent in any of the cases aforesaid to defraud, shall be guilty of felony, and being convicted thereof shall be liable at the discretion of the court to be imprisoned for any term not exceeding fifteen years. owners of stock. 34. Whosoever shall falsely and deceitfully personate any owner Personating of any share or interest of or in any stock which now is or hereafter Ib. s. 3. may be transferable at the office of the Treasurer, or any owner of any interest or money payable in respect of any such share or interest as aforesaid, and shall thereby transfer or endeavour to transfer any share or interest belonging to any such owner, or thereby receive or endeavour to receive any money due to any such owner as if such offender were the true and lawful owner, shall be guilty of felony, and being convicted thereof shall be liable at the discretion of the court to be imprisoned for any term not exceeding fifteen years. of attorney for &c. 35. Whosoever shall forge any name handwriting or signature Forging attespurporting to be the name handwriting or signature of a witness tation to power attesting the execution of any power of attorney or other authority transfer of stock to transfer any share or interest of or in any such stock as in either Ib. s. 4. of the last two preceding sections mentioned or to receive any interest or money payable in respect of any such share or interest, or shall offer utter or dispose of or put off any such power of attorney or other authority with any such forged name handwriting or signature thereon knowing the same to be forged, shall be guilty of felony, and being convicted thereof shall be liable at the discretion of the court to be imprisoned for any term not exceeding five years. Making false Treasurer's 36. Whosoever shall wilfully make any false entry in or wilfully entries in the alter any word or figure in any of the books kept by the Treasurer, books. No. 428. 24 & 25 Vict. c. 98 s. 5. 36 VICTORIA, in which books the accounts of the owners of any stock which now is or hereafter may be transferable at the office of the Treasurer shall be entered and kept, or shall in any manner wilfully falsify any of the accounts of any of such owners in any of the said books with intent in any of the cases aforesaid to defraud, or shall wilfully make any transfer of any share or interest of or in any stock which now is or hereafter may be transferable at the office of the Treasurer in the name of any person not being the true and lawful owner of such share or interest, with intent to defraud, shall be guilty of felony, and being convicted thereof shall be liable at the discretion of the court to be imprisoned for any term not exceeding fifteen years. Making out Regulations may be made or rescinded. Title of Act. 37. Whosoever being a clerk officer or servant of or other person employed or entrusted by Her Majesty shall knowingly make out or deliver any interest cheque or warrant for payment of any interest or money payable under the provisions of this Act for a greater or less amount than the person on whose behalf such warrant shall be made out is entitled to with intent to defraud, shall be guilty of felony, and being convicted thereof shall be liable at the discretion of the court to be imprisoned for any term not exceeding seven years. 38. The Governor in Council may from time to time make and rescind regulations for prescribing the forms to be used and generally for carrying this Act into effect. 39. This Act shall be called and may be cited as the “ Public Works Loan Act 1872." 4. For a loan to the Ballarat Water Commission ... 7. For erecting Supreme Court buildings ... ... 100,000 0 0 8. For erecting and completing such public offices as may be approved by the Legislative Assembly 138,000 0 0 ... 10. For the conversion of debentures issued and to ... 45,000 0 0 ... 387,000 0 0 1,500,000 0 0 |