28 VICTORIA, No. 263. 45. If it shall appear to the satisfaction of the commissioners that the provisions of this Act or the orders directions and regulations of the said commissioners have not been complied with by any may close savings savings bank, it shall and may be lawful for the said commissioners Commissioners bank if orders &c. disobeyed. Annual general statement to 30th June to be prepared. 9 Geo. IV. c. 92 8. 46. Duplicate of annual statement to be affixed in office and list of trustees. Ib. s. 47. Accounts to be missioners and Governor and Parliament. Ib. s. 48. if they shall so think fit to close the account of such savings bank and to direct that no further sum shall be received at the bank with which the accounts of the said commissioners are kept from such savings bank to the credit of the account of the commissioners and that no money shall be paid by the said commissioners to the trustees or agent of the said savings bank until such time as such commissioners shall think fit. Provided always that the said commissioners may reopen and allow the growing interest of such accounts during the time of such discontinuance and authorise the receipt of money by such bank whenever the said commissioners shall think fit so to do upon such trustees complying with the directions of such commissioners; and the said commissioners shall forthwith publish a notification of such account being closed or of the same being reopened in the Government Gazette and also in some newspaper published in the city town or county in which the said savings bank shall be established. 46. The trustees of every savings bank shall annually and at such time as the commissioners by order shall direct cause a general statement or balance sheet of such savings bank showing the state of the funds thereof and the transactions of the same for the year ending on the thirtieth day of June to be prepared, and shall cause the same to be duly signed countersigned and attested as by such form may be required and shall cause the same to be transmitted to the office of the said commissioners at Melbourne within such time as the said commissioners shall direct. 47. The trustees of every such savings bank shall cause a duplicate of any such annual statement signed countersigned and attested as before referred to, accompanied by a list of the names and residences of the trustees of such savings bank for the time being and of the officers thereof and the several amounts of securities given by such officers certified and signed by the auditor or auditors as herein provided, to be publicly affixed and exhibited in some conspicuous part of the office or place where the deposits of such savings bank are usually received. 48. From and after the coming into operation of this Act the prepared by com- following accounts shall be prepared by the commissioners and to be laid before forwarded to the Chief Secretary not later than three months after the thirtieth day of June in each year, and shall be laid before the Governor and both houses of Parliament within fourteen days after the same have been received by the Chief Secretary if Parliament be then sitting and if Parliament shall not be then sitting then within fourteen days after the commencement of the next session thereof (that is to say): accounts made up to the thirtieth day of June of the gross amount of all money received and credited including interest and of all sums paid including interest up to such thirtieth day of June by the said commissioners on account of the trustees of the several savings banks in Victoria and of the gross amount of all sums funds treasury bills and sums due on foot of existing mort Ib. s. 60. No. 263. gages debentures or other securities standing in the names of the 28 VICTORIA, said commissioners or of any person or persons for or on behalf of the said commissioners on the thirtieth day of June on account of all savings banks and the gross amount of interest dividends or other profits received thereon by the said commissioners and the gross amount of interest paid by such commissioners up to such thirtieth day of June; and also an account of all expenses incurred by the said commissioners for salaries of officers or other incidental charges during the preceding year, together with a duplicate of the annual statement or balance sheet of every savings bank and a summary of the accounts of all savings banks within the colony. Accounts &c. to be kept in form directed by 49. All receipts orders certificates endorsements books accounts returns or instruments or other matters or things whatsoever which shall be required for carrying this Act into execution shall be made commissioners, in such form or manner and containing such particulars and under such regulations as shall from time to time be directed or required or approved of by the said commissioners or their officers. 50. If any person shall forge or alter or shall offer utter dispose Punishment of of or put off knowing the same to be forged or altered any deed rule forgery. order bond or writing obligatory or any acquittance receipt release account or statement or the seal of the commissioners or any accountable receipt either for money or goods or any note bill or other security for payment of money or letter or power of attorney or other instrument in writing or print or partly in writing and partly in print, or shall make any false entry or knowingly shall make up any untrue account which shall concern or relate to the affairs or business of the commissioners or of any of their officers or of the trustees or of any of their officers with intent to defraud any body corporate or person whatsoever, every such offender shall be guilty of forgery and punished accordingly. commissioners and s. 65. 51. This Act shall be and the same is declared to be a full and Indemnity to sufficient indemnity and discharge to the commissioners of savings others. banks in the colony of Victoria, to the bank as aforesaid with whom 9 Geo. IV. c. 92 such commissioners shall keep their account or accounts to the trustees of the several savings banks and to the officers respectively of such commissioners bank trustee or trustees for all things to be done or required or permitted to be done pursuant to this Act. 52. The said commissioners are hereby authorised and em- Commissioners powered to pay and discharge the salary allowances or charges of pay salaries of every officer or servant herein before mentioned and referred to their officers. employed by them in the discharge of the duties imposed by this Act, and all other expenses allowances and incidental charges which shall necessarily attend the execution of this Act out of any fund at their disposal under the operation of this Act, subject to the report thereon of the commissioners of audit and to the approval of the Governor in Council. FORM OF CONVEYANCE BY WAY OF MORTGAGE. in the in the colony of Victoria [description] mortgagor in consideration of the sum of day [Here may be inserted the abbreviated forms in column I. in this schedule.] In witness whereof have hereunto set hand and seal and we the said commissioners have caused our common seal to be affixed hereto the of in the year of our Lord One thousand eight hundred and Signed, sealed, and delivered, by in the presence of } Mortgagor's signature and signature of any DIRECTIONS AS TO THE FORMS IN COLUMN I. AND COLUMN II. Parties who use any of the forms in column I. of this schedule may substitute the feminine gender for the masculine or the plural number for the singular in any of the forms in column I. of this schedule and corresponding changes shall be taken to be made in the corresponding forms in column II. and such parties may fill the blank spaces left in any of the forms 1 2 or 3 in column I of this schedule so employed by them with any words or figures and the words or figures so introduced shall be taken to be inserted in the corresponding blank spaces left in the forms embodied. COLUMN II. unto me my heirs and assigns or as I or they shall direct free from incumbrances by the said commissioners and their successors and assigns. (2) Provided always and it is hereby further declared and agreed by and between me the said mortgagor and the said commissioners that if default shall be made in payment of the said sum of £ or the interest thereof or any part thereof respectively on the days and times hereinbefore appointed for the payment of the same it shall be lawful for the said commissioners their successors or assigns but without prejudice to their right to file and prosecute any bill of foreclosure against me my heirs and assigns at any time or times after such default shall have been so made having first given three months' previous notice in writing of such their intention to me my heirs or assigns or having published the same in two of the public newspapers in the city of Melbourne without any further consent on the part of myself my heirs appointees executors administrators or assigns to make sale and dispose of the said piece or parcel of land hereditaments and premises or any part or parts expressed to be hereby assigned thereof either together or in parcels and either by public auction or private contract with full power upon any such sale or sales to make any conditions or stipulations as to title or otherwise which he or they shall deem necessary and also with full power to buy in the same land hereditaments and premises or any part or parts thereof at any such sale or sales or to rescind any contract or contracts for the sale of the same land hereditaments and premises or any part or parts thereof and to resell the premises either by public auction or private contract as aforesaid which shall have been so bought in as aforesaid or as to which any contract or contracts for sale shall have been so rescinded as aforesaid without being responsible for any loss that may be occasioned thereby and that for the purposes aforesaid or any of them or for the purpose of conveying or assuring the said piece or parcel of land hereditaments and premises or any part thereof unto the purchaser or purchasers thereof respectively it shall be lawful for the said commissioners their successors and assigns to make and execute sign seal and deliver or cause to be made and executed signed sealed and delivered all such acts deeds agreements conveyances and assurances whatsoever as the said commissioners their successors or assigns shall think fit. And it is hereby also agreed and declared that upon any such sale as aforesaid the receipt or receipts in writing of the said commissioners their successors or assigns for the purchase-money of the premises so sold shall be an effectual discharge or discharges to the purchaser or purchasers 28 VICTORIA, No. 263. COLUMN II. for the money therein respectively expressed to be received and that the purchaser or purchasers after payment of his or their purchase-money shall not be concerned to see to the application of such purchase-money and shall not be answerable for any loss or misapplication or non-application thereof or bound to enquire or ascertain that any default had been made in the payment of the said sum of £ or the interest thereof or that the said sum of £ or the interest thereof or any part thereof respectively may then be owing or that no such notice had been given as aforesaid or be affected by direct notice that no such default had been made or notice given as aforesaid. And out of the money to arise by the sale of the aforesaid hereditaments and premises or any part or parts thereof it shall be lawful for the said commissioners their successors or assigns to retain and reimburse unto the said commissioners their successors and assigns all such costs charges and expenses as they shall sustain expend and be put unto in or about the making or carrying into effect of such sale or sales or by reason of the nonpayment or the procuring payment of the said sum of £ and interest or any part thereof respectively or in anywise relating thereto And from and after payment and satisfaction thereof to retain and to pay themselves the said principal sum of £ and all interest thereon which shall have accrued and shall then remain owing. And also all such sums as shall be paid by the said commissioners their successors or assigns for insurance as hereinafter mentioned with interest thereon as hereinafter mentioned and shall and do pay the residue and surplus if any of the money which shall arise by such sale or sales unto me my heirs or assigns. (3) And I do hereby for myself my heirs executors administrators and assigns covenant and agree with the said commissioners their successors and assigns that I will at all times hereafter so long as the whole or any part of the said principal money or interest shall be unpaid or be secured to be paid upon or by virtue of these presents insure and keep insured from loss or damage by fire in the name of the said commissioners their successors or assigns in and with the Victoria Fire and Marine Insurance Office or Company in the city of Melbourne or in and with some other respectable insurance office or Company to be approved of by the said commissioners their successors or assigns the messuages dwelling-houses and other buildings erected and built upon the said piece or parcel of land hereinbefore described and all such other erections or buildings as shall at any future time be erected built or standing thereon or a sufficient portion thereof in the sum of £ |