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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.
ACTUARY. See BANK.

ADMINISTRATION, LETTERS OF

if total personal property, or in Scotland total movable estate, of
a depositor exceeds Iool., any sum paid under Provident Nomi-
nations and Small Intestacies Act 1883, to be liable to pro-
bate duty if paid without, 10, 59, 60

the certificate required under 18th and 19th Post Office
Regulations no longer necessary, since where effects do not
exceed Icol., no stamp duty is chargeable on, note 1, 60

when required, 113

ADMINISTRATOR,

acceptance of office of, included under definition cf contract in
the Married Women's Property Act 1882, 54

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
obtained, 5, 31, 86, 91

rules as to proofs of, required for grant of savings banks annuity
or insurance, 5, 33, 87, 90, 92, 94, 107

minimum, at which depositors may make nominations under the
Provident Nominations and Small Intestacies Act 1883, 9, 58
See NOMINATION, SAVINGS BANK ANNUITY, SAVINGS BANK
INSURANCE.

AGENT,

liability of bank for acts of their. See BANK, liability of.
for administratrix, award as to rights of. See ADMINISTRATOR,
creditor of.

ANNUITY,

classes of, under the Government Annuities Act 1882, 85, 86
"savings bank." See SAVINGS BANK ANNUITY, GOVERNMENT
ANNUITIES ACT 1882, THE.

ANNUITY-continued.

a terminable, creation of, under section 1 of the Savings Bank
Act 1880, for paying off deficiency on savings bank account,

I, 22

ARBITRATION

is included under the definition of legal proceedings under the
Bankers' Books Evidence Act 1879, 12, 66

ASSIGNMENT

of a savings bank insurance, provisions as to, 7, 38, 105, 106
ASSISTANT-REGISTRAR OF FRIENDLY SOCIETIES, AN,
is not bound to hear any dispute where the parties submitting
it for decision are proved to have been guilty of illegal acts,

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1. As to deposits in Trustee Savings Banks.

Re Aberystwyth Savings Bank and deposits of Davi
Davies, 180

Re Alnwick Savings Bank and deposits of Scott, Jane
Knox, Elizabeth Knox, 122, 147, 172, 173, 183

Re Bloomsbury Savings Bank and deposits of Mary Reavell,
deceased, Ex parte Robert Hugh Reavell, Hester Ann
Reavell, Frances Mary Reavell, and John Frederick
Reavell, 114

Re Bradford (Wilts) Savings Bank and deposits of Eliza
Clark and Ruth Osborne, 164, 173

Re Bristol Savings Bank and deposits of E. Williams, 162,
180

Re Camberwell Savings Bank, Ex parte Kemp, 163, 173
Re Camden Town Savings Bank and deposits of C. C.
Simpson, Ex parte Watson, 176

Re Chelsea Savings Bank and deposits of Banfield, in trust
for Banfield, Ex parte Sherrington, 127, 168, 180
Re Chelsea Savings Bank and Phillips' deposits, Ex parte
Warder, 168, 180

* Scotch decisions have Sc. prefixed.

AWARDS-continued.

1. As to deposits in Trustee Savings Banks-continued.
Re Derby Savings Bank and deposits of Emily Banton,
otherwise Bailey, 145, 149, 183, 186

Re Devon and Exeter Savings Bank, Ex parte Wallace,
119, 166

Re Devonport Savings Bank and deposits of Ann Verran,
deceased, 114, 168

Re Dorchester Savings Bank and deposits of James Pearce,
in trust for H. Strickland, 182

Sc. Re Edinburgh National Securities Savings Bank and
deposits of Mrs. Christina McIntosh or Baxter, 136, 158
Re Epsom Savings Bank, Ex parte Warren, Ex parte
Collins, 115, 120

Re Epsom Savings Bank, Ex parte Adds, Ex parte
Elizabeth Warren, Ex parte James Moore, 117, 120
Re Epsom Savings Bank, Ex parte Mary Dale, 117, 120,

180

Re Finsbury Savings Bank and deposits of Alice Turnham,
in trust for Percy George Turnham, Philip Edward
Turnham, and Douglas H. Turnham, Ex parte G. R.
Turnham, 152, 155, 161, 177

Re Frodsham Savings Bank and deposits of Jonathan
Wright, Ex parte Nicholson, 124, 133, 188

Re Gloucester Savings Bank, Ex parte Dallon, 187

Re Guilford Savings Bank and deposits of Holdforth, Ex
parte Dolding, 158, 166, 169

Sc. Re Kelso National Securities Savings Bank and depo-
sits of Helen Anderson, 172, 173

Re Leeds, Skyrac, and Morley Savings Bank, Ex parte
Hannah Green, 133, 163

Re Leeds, Skyrac, and Morley Savings Bank and deposits
of Hannah Hinchliffe, or Hannah Hinchliffe and Lavinia
Kirkland, 129, 155, 167

Sc. Re Leith National Securities Savings Bank and depo-
sits of the Trustees of the late Mrs. Janet Dawson, or
Rennie, 165, 187

Re Liverpool Savings Bank and deposits of H. Bolton, Ex
parte T. P. Hugo and Co., 170

Re Liverpool Savings Bank and deposits of Mary Ann
Frederickson, afterwards Baldwin, 133, 153, 179

Re Liverpool Savings Bank and deposits of N. Lucas, Ex
parte Kerfoot, 129, 172, 180

Re Liverpool Savings Bank and deposits of Catherine Mid-
dleton, deceased, Ex parte Middleton, 127, 158, 174,
184

Re Liverpool Savings Bank and deposits of Catherine
Richardson, deceased, Ex parte Wansey, 131, 133, 135,

141

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