for public worship and minister's dwelling and for the provision and 28 VICTORIA, promotion of public worship in such building.

No. 244.

4. As soon as conveniently may be after the completion of any Free seats. building for public worship under the provisions of this Act, pews sittings or benches in any such building amounting to not less than one-sixth part of the whole of the sittings in every such building for public worship shall be appropriated and set apart for the use of persons resorting thereto, upon which pews sittings or benches so to be appropriated no rent whatever shall at any time be charged or imposed.

5. Nothing in this Act contained shall be held in any manner Not to affect the to affect the appropriation of the moneys now by law set apart for appropriation of the purposes of religion.

moneys set apart for religious purposes.

An Act to Consolidate the Law relating to Savings
Banks. (a)

[1st June 1865.]

E it enacted by the Queen's Most Excellent Majesty by and with the advice and consent of the Legislative Council and the Legislative Assembly of Victoria in this present Parliament assembled and by the authority of the same as follows:

1. This Act shall come into operation on the first day of June Title of Act. in the year of our Lord One thousand eight hundred and sixty-five, and shall be called and may be cited as "The Savings Banks Statute 1865."

2. The Acts mentioned in the First Schedule hereto to the Repeal of Acts. extent to which the same are in and by the said schedule expressed First Schedule. to be repealed shall be and the same are hereby repealed; but nothing herein shall in any way affect any act or thing lawfully done or any appointment order or certificate made or any receipt issued or any property vested or any legal effect or meaning given or declared by or under either of the said repealed Acts before the coming into operation of this Act.

"savings banks appointed and

3. The five persons who at the commencement of this Act shall Commissioners of be "The Commissioners of Savings Banks in the colony of Victoria under one of the Acts hereby repealed and their successors to be incorporated. appointed in manner hereinafter provided shall continue and be and are hereby constituted a body politic and corporate by the name and style aforesaid, and by that name and style shall have perpetual succession and be able and capable to sue and be sued and to prosecute and inform in all courts of law as well criminal as civil and in courts of equity, and to accept purchase and hold to them and their successors for ever as members of the said corporation to and for the uses thereof real estate of every kind nature and description and to sell assign exchange demise grant alienate release acquit and convey the same, and also to procure receive and take acquire have and possess to and for the same uses all gifts benefactions goods chattels and personal property whatsoever; and they shall have and use as occasion may require a common seal bearing the impression common seal. of the royal arms of England and having inscribed on the margin thereof the words "The Commissioners of Savings Banks in the colony of Victoria." And it shall be lawful for the Governor with Power to the the advice of the Executive Council at any time to remove from his Governor to office any member of the said corporation who shall leave Victoria sioners and all or become incapable or neglect to perform the duties thereof and

(a) See 29 Vict. No. 298 Part IV., "Post Office," ante, p. 2127.

remove commis

vacancies.

No. 263.

28 VICTORIA, also to accept the resignation of any member desirous to retire therefrom, and as often as any vacancy shall occur by the removal resignation or death of any of the members of the said corporation it shall be lawful for the Governor with the advice aforesaid to nominate and appoint some fit and proper person as successor to the member so removed resigning or dying.

names to be

Gazette.

Commissioners' 4. The name and description of every person appointed to fill published in the any vacancy among such commissioners shall be published in the Government Gazette, and immediately thereupon the person so nominated and appointed or substituted shall have vested in him and be invested with and possess all the estates real and personal interests rights titles in law and equity powers privileges authorities and capabilities and perform all the duties of the person in whose place or stead he shall have been so nominated and appointed or subProperty vested stituted. All books and all cash moneys bills notes cheques drafts or

in commis

sioners.

Appointment of officers of commissioners.

Ordinary meetings of commissioners.

Special extraordinary meetings.

General orders.

other valuable securities or deposits which shall be received from depositors or which now belong to or are deposited in any savings bank according to the provisions of this Act or of either of the Acts hereby repealed shall vest in the commissioners for the time being in trust for the purposes of this Act without any assignment or conveyance whatever, and shall for all purposes of action or suit as well criminal as civil and at law or equity in anywise concerning the same be deemed and taken and may be stated to be the property of "The Commissioners of Savings Banks in the Colony of Victoria:" and the commissioners may bring or defend any action suit or prosecution touching the property rights or claims of any savings bank now or hereafter established.

5. The commissioners may appoint the following officers (that is to say) a comptroller a secretary a valuator a solicitor an auditor or auditors and such other officers clerks and servants as shall to them seem fit, whose powers and duties shall be respectively such as are herein or shall be in any general order or rule of the said commissioners set forth and specified; and may remove such comptroller secretary valuator solicitor auditor or auditors officers clerks or servants and may appoint other person or persons to fill such offices respectively; and every such secretary shall give such security for the due and faithful performance of the duties of his office as to such commissioners shall seem proper.

6. The said commissioners shall meet at their office in Melbourne once at the least in every month on such days and at such hours as shall be from time to time fixed by the said commissioners for the transaction of the business and the performance of the duties prescribed by this Act and of all other matters connected therewith; and the commissioners shall have power to adjourn such meetings to any time and from time to time; and they shall also meet for any special or extraordinary purpose whenever the secretary shall consider such meeting necessary; and the secretary shall send by post or otherwise to each commissioner a notice in writing of the time and place of such meeting and of the special or extraordinary purpose thereof two days at least prior to such meeting.

7. The commissioners are hereby authorised and required from time to time as they shall see occasion to make and issue general or

No. 263.

other orders and rules respecting the transactions and business of 28 VICTORIA, the said commissioners and of their officers, and for the government and management of savings banks now or hereafter to be established within Victoria, and for the guidance control and information according to the intent and meaning of this Act of all trustees treasurers managers agents actuaries accountants clerks or other officers paid or unpaid acting in the management of savings banks and of all depositors therein in respect of their transactions with such savings banks, and for the keeping examining auditing and allowing or disallowing of accounts of or concerning such savings banks, and as to the class of securities and the manner in which the funds of the said savings banks are to be invested, and for carrying this Act into execution in all other respects as they shall think proper; and the commissioners may at their discretion from time to time suspend vary alter or rescind any such orders or rules. Provided that every such general or other order and rule shall be signed by at least one commissioner countersigned by the secretary and sealed with the seal of the said commissioners and certified by the Attorney General of Victoria to be in conformity with or not repugnant to law. Provided also that every such order and rule shall be sent to the Chief Secretary of Victoria and by him laid before the Legislative Council and the Legislative Assembly thereof without delay, and such Council or Assembly may at any time within one month after any such order or rule may have been laid before the same present an address to the Governor to disallow any such order or rule, who if he think fit shall disallow the same accordingly; and every such disallowance shall be notified in the Government Gazette, and after any such notification such general order or rule so far as the same shall have been disallowed shall cease to operate, subject however and without prejudice to all acts and transactions under or in virtue of the same previously to notice of such disallowance. having been given to the commissioners, and every such general or other order or rule shall take effect from the time of the same having been certified as aforesaid and shall have the same force and efficacy as if inserted in this Act unless disallowed as herein mentioned.

make enquiries.

8. It shall be lawful for the commissioners, by summons in Power to comsuch form as they shall by any general order direct under the seal missioners to of the commissioners or under the hand and seal of any of them or of the comptroller, to require the attendance of all such persons as they or he may think fit to call before them or any of them upon any matter connected with the objects or purposes or the execution of the provisions of this Act and to make enquiries and require returns and to administer oaths and to examine all such persons upon oath and to require and enforce the production upon oath of books deeds contracts agreements accounts maps plans surveys valuations writings or copies thereof respectively in anywise relating to any such matter. Provided also that nothing herein mentioned shall extend to authorise or empower the commissioners to act as a Court of Record or to require the production of the title or any instrument in writing relating to the title of any lands tenements or hereditaments. not vested in the commissioners by virtue of this Act.

or give evidence

9. If any person shall refuse or wilfully neglect to attend in Refusal to attend obedience to any summons of the commissioner or of the comptroller a misdemeanor.