such as those of a widow to her jus relicta or children to legitim. But it is a question entirely between the nominee and the person claiming. *Sc. Query 5. Should the deposit in the bank exceed 100l., would the nomination be held valid if confirmed? *Sc. Answer. This point is not an easy one to determine, and would depend very much upon the circumstances of each individual case. If the nomination is duly tested it will probably be admitted to confirmation. Under the Act, a witness to a nomination does not seem absolutely requisite, so that unless the nomination was itself holograph, it would not be a probative deed. The authorities of the Commissary Office will probably be able to give you some information on this point. *Sc. Query 6. Can an ordinary will dealing with property under 100l. get the benefit of exemption from confirmation under this Act? *Sc. Answer. Certainly not. The special word "nomination " used in the Act shows that something different from a will was meant. Query 7. Does a nomination supersede a previously existing and otherwise unrevoked will ? Answer. This is another question which might be left until it occurs. But I think a nomination would supersede a previ-ously executed will which dealt with the same funds. Query 8. Does a nomination require to be lodged during the depositor's lifetime ? Answer. It is somewhat doubtful whether savings banks can in anywise by rule add to or modify the effects of the enactments of the statute-e.g., by requiring a nomination to be registered in the lifetime of the nominator. I am inclined to think they cannot. Query 9. Can the bank insist upon a particular form being used ? Answer. I think not. Query 10. Can the bank charge fees for the registry of nominations? Answer. No. Fees are certainly chargeable in similar cases under the Friendly Societies Act, 1875, Trade Unions' Amendment Act, 1876, and the Industrial and Provident Societies Act, 1876; but the fees are chargeable, not under the Act itself, but by virtue of the Treasury regulations issued in pursuance of certain sections of these Acts. The present Act gives the Treasury no power to make any regulations as to the carrying out of the Act, and, therefore, I am of opinion that no fee can be charged. Since writing the above I have been favoured by the courtesy of the post-office authorities with two forms which they had drawn up for nominations.* One of these is applicable to the case where there is only one person nominated; the other where there are several nominees. In both cases the designation of the witness is particularly required-a matter which it is of importance to include in the form proposed to be used by the National Securities Savings Bank. I may also direct the attention of the bank to the following note which occurs in the post-office nomination form :-" If the amount due to the depositor at the "date of his death (including interest and stock standing to "his credit in the Government Stock Register of the Post Office Savings Bank, and the dividends thereon) exceed 100l., this "nomination becomes invalid, and the money is only payable "to the executor or administrator of the depositor." 66 (Signed) J. BALFOUR PAUL. *As to these see ante, pp. 61-63. INDEX. ACCOUNTS. See FRAUDULENT, IRREGULAR, JOINT, TRANSFER. ADMINISTRATION, LETTERS OF if total personal property, or in Scotland total movable estate, of the certificate required under 18th and 19th Post Office when required, 113 ADMINISTRATOR, acceptance of office of, included under definition cf contract in award as to rights of, as to deposits, 114 creditor of, award as to claim by, 114, 115 AGE, limits of, at which savings bank annuities and insurances may be rules as to proofs of, required for grant of savings banks annuity minimum, at which depositors may make nominations under the AGENT, liability of bank for acts of their. See BANK, liability of. ANNUITY, classes of, under the Government Annuities Act 1882, 85, 86 ANNUITY-continued. a terminable, creation of, under section 1 of the Savings Bank I, 22 ARBITRATION is included under the definition of legal proceedings under the ASSIGNMENT of a savings bank insurance, provisions as to, 7, 38, 105, 106 1. As to deposits in Trustee Savings Banks. Re Aberystwyth Savings Bank and deposits of Davi Re Alnwick Savings Bank and deposits of Scott, Jane Re Bloomsbury Savings Bank and deposits of Mary Reavell, Re Bradford (Wilts) Savings Bank and deposits of Eliza Re Bristol Savings Bank and deposits of E. Williams, 162, Re Camberwell Savings Bank, Ex parte Kemp, 163, 173 Re Chelsea Savings Bank and deposits of Banfield, in trust * Scotch decisions have Sc. prefixed. AWARDS-continued. 1. As to deposits in Trustee Savings Banks-continued. Re Devon and Exeter Savings Bank, Ex parte Wallace, Re Devonport Savings Bank and deposits of Ann Verran, Re Dorchester Savings Bank and deposits of James Pearce, Sc. Re Edinburgh National Securities Savings Bank and Re Epsom Savings Bank, Ex parte Adds, Ex parte 180 Re Finsbury Savings Bank and deposits of Alice Turnham, Re Frodsham Savings Bank and deposits of Jonathan Re Gloucester Savings Bank, Ex parte Dallon, 187 Re Guilford Savings Bank and deposits of Holdforth, Ex Sc. Re Kelso National Securities Savings Bank and depo- Re Leeds, Skyrac, and Morley Savings Bank, Ex parte Re Leeds, Skyrac, and Morley Savings Bank and deposits Sc. Re Leith National Securities Savings Bank and depo- Re Liverpool Savings Bank and deposits of H. Bolton, Ex Re Liverpool Savings Bank and deposits of Mary Ann Re Liverpool Savings Bank and deposits of N. Lucas, Ex Re Liverpool Savings Bank and deposits of Catherine Mid- Re Liverpool Savings Bank and deposits of Catherine 141 |