03/12/1926: The Savings Certificates Rules, 1926.

DEPARTMENT OF FINANCE.

THE SAVINGS CERTIFICATES RULES, 1926.

IRISH FREE STATE SAVINGS CERTIFICATES.

CONDITIONS OF ISSUE.

THE SAVINGS CERTIFICATES RULES, 1926.

Dated 3rd December, 1926.

APPROPRIATION ACTS, 1922 TO 1926.

I, Earnán de Blaghd, Minister for Finance, hereby prescribe the following Conditions regarding the issue of Savings Certificates.

PRELIMINARY.

1.—These Conditions may be cited as the Savings Certificates Rules, 1926.

2.—In these Rules, unless the context otherwise requires: The expression " Certificate " means a certificate issued in respect of money raised or to be raised under any Act authorising the borrowing of any money by the Minister for Finance, and entitling the person named in the Certificate, or in the cover of the book containing the Certificate, as holder (hereinafter shortly referred to as " the holder ") to receive in accordance with these Rules on the fifth anniversary of the date of purchase of the Certificate the sum stated as payable thereon.

The expression " Single Certificate " means a Certificate entitling the holder thereof to receive in accordance with these Rules the sum of One Pound on the fifth anniversary of the date of purchase.

The expression " Multiple Certificate " means a Certificate representing more than one single Certificate.

The expression " amount repayable " or " sum repayable " used in connection with a Certificate, includes any interest which has accrued due in respect of the Certificate as well as the purchase price of the Certificate.

The expression " Friendly Society '' means a Society legally registered in the manner required by the Acts in force relating to Friendly Societies and includes a Registered Branch.

The expression " Charitable Society " means a Penny Savings Bank, Charitable or Provident Institution or Society, and shall include a charitable donation or bequest for the maintenance, education, or benefit of the poor.

The expression " Officer " used in connection with a Society includes the Solicitor of such a Society.

The expression " Committee " as applied to the estate of a person of unsound mind means as well the Committee of the estate of a lunatic so found by inquisition as any receiver or other person directed by the Chief Justice or other Judicial Authority in whom Lunacy Jurisdiction may from time to time be vested to exercise with respect to the estate or property of a lunatic not so found powers similar to those of a Committee, and includes any person appointed by the Judge of a Circuit Court to realise the property of a lunatic.

The expression " Trustee in Bankruptcy " includes the Official assignee in Bankruptcy.

The expression " prescribed " means prescribed for the time being by the Minister for Posts and Telegraphs.

The expression " Saving Bank " includes both a Trustee Savings Bank and a Post Office Savings Bank, but no other Savings Bank.

3.—These Rules shall come into force forthwith.

4.—Certificates shall be issued by officers of the Department of Posts and Telegraphs and through such other agents as may from time to time be authorised by the Minister for Posts and Telegraphs.

5.—(1) The purchase price of a single Certificate shall be Fifteen shillings and sixpence.

(2) The purchase price of a multiple Certificate shall be a sum equal to the total purchase price of the single Certificates which it represents.

6.—Subject to the provisions of these Rules

(1) The amount repayable in respect of a single Certificate shall be as follows:—

Within a year from the date of purchase Fifteen shillings and sixpence;

On the first anniversary of the date of purchase — Fifteen shillings and ninepence;

and thereafter with the further addition of one penny in respect of each complete month until the fifth anniversary of the date of purchase.

On the fifth anniversary of the date of purchase or at any time thereafter One Pound.

(2) The amount repayable in respect of a multiple Certificate shall be the total amount repayable from time to time in respect of such number of single Certificates as is represented by the multiple Certificate.

(3) For the purpose of calculating the amount repayable at any time in respect of a Certificate, the amount specified in any application for repayment shall be deemed to have been repaid on the date of issue of the Warrant by which payment is intended to be effected.

7.—(1) Subject to the provisions of these Rules an intending purchaser of a Certificate shall, on the application form for such purchase and on any other document that may be required by the Minister for Posts and Telegraphs and whenever he is required so to do, specify his Christian name, surname, and address, and such other particulars as may be required by the Minister for Posts and Telegraphs, and shall sign his name in the place provided for his signature on such application form or other document as may be required by the Minister for Posts and Telegraphs.

(2) In the case of a Certificate to be purchased by and in the name of a person as Trustee for another person the Christian name and surname and address of such last-mentioned person and such other particulars as may be required by the Minister for Posts and Telegraphs shall also be specified on the application form for such purchase and on any other document that may be required by the Minister for Posts and Telegraphs and whenever the same may be required. Such last-mentioned person shall also sign his name in the place provided for his signature, on such application form or other document as may be required at any time by the Minister for Posts and Telegraphs.

(3) Certificates shall be in such form as may be prescribed and the date of purchase shall be entered thereon by the officer or agent by or through whom they are issued.

8.—No person shall at any time hold or have any interest in Certificates (whether single or multiple) of a greater nominal amount in the aggregate than £500.

Provided that—

(1) This rule shall not apply to Certificates issued in pursuance of section 5 of the Dáil Eireann Loans and Funds Act, 1924, and such Certificates shall not be taken into account in calculating the amount of an individual holding for the purpose of this rule; and

(2) where any person holding or having any interest in any Certificates becomes entitled on the death of any person to, or to any interest in, any other Certificates (hereinafter referred to as " inherited Certificates ") and does not after so becoming entitled become by purchase (whether the purchase is effected by him or by some other person on his behalf or for his benefit) the holder of, or entitled to any interest in any further certificates;

that person shall not for the purpose of the foregoing provision be deemed to be the holder of, or to have any interest in the inherited Certificates, and accordingly those Certificates shall not be taken into account in calculating the amount of his holding or interest for the purpose of this regulation.

The expression " Nominal Amount " in relation to a Certificate means the amount of the sum payable under the Certificate on the fifth anniversary of the date of the purchase thereof.

By Whom Certificates may be Purchased and Held.

9.—(1) A Certificate may be purchased and held by and in the name of :—

(a) An individual of full age and not under legal disability.

(b) A married woman.

(c) An infant of the age of seven years and upwards.

(d) Friendly Societies and such Charitable Societies and Corporations and other bodies of persons as may be approved by the Minister for Posts and Telegraphs for the purpose of purchasing Certificates.

(2) Subject to the provisions of paragraph (d) of the preceding sub-clause of this rule no corporation, company, society or association, combination or body of persons shall purchase, hold or have any interest in a Certificate without the formal consent of the Minister for Posts and Telegraphs. The discretion of the Minister for Posts and Telegraphs to give or withhold such consent shall be absolute, and such consent may be general or special in its terms.

10.—(1) A Certificate may be purchased on behalf and in the name of an infant under seven years of age by one of the parents of such infant or by any other person, and may be held by such infant accordingly.

(2) The person who applies for the purchase of such Certificate shall specify on such document and in such manner as may be required by the Minister for Posts and Telegraphs the date of the birth of the said infant and such other particulars as may be required by the Minister for Posts and Telegraphs.

(3) As soon as such infant attains the age of seven years and at any time thereafter he shall when required by the Minister for Posts and Telegraphs furnish his signature in such manner as may be required by the Minister for Posts and Telegraphs.

11.—Subject to the provisions of these Rules a Certificate may be purchased on behalf of and in the name of a person of unsound mind by the committee of such person's estate. Such Certificate may be held in the name of the person of unsound mind, and such committee shall sign his name and specify the capacity in which he acts in such manner and on such document as may be required by the Minister for Posts and Telegraphs.

12. Subject to the provisions of these Rules, a Certificate may be purchased and held in the joint names of two or more persons entitled under these Rules to purchase and hold a Certificate. Provided that for the purpose of Rule 8 hereof the nominal amount of such Certificate shall be reckoned in respect of each joint holder in computing the maximum holding permitted by such rule.

13.—Subject to the provisions of these Rules, a Certificate may be purchased in the name of a person as Trustee for another person whose name shall also be entered on the Certificate, and may be held by such Trustee and last mentioned person accordingly. Provided that for the purposes of Rule 8 hereof the nominal amount of such Certificate shall be reckoned in respect of such last mentioned person or (if more than one) in respect of each of such person in computing the maximum holding permitted by such rule, but shall not be so reckoned in respect of such Trustee.

14.—(1) Where a Certificate is to be purchased and held by a Friendly Society or a Charitable Society the following rules shall apply :—

(1) Before making such purchase the Trustees of the Friendly Society or the Trustees or Treasurer of the Charitable Society (as the case may be) shall (if so required) forward to the Minister for Posts and Telegraphs—

(a) A copy of the Rules of the Society or if in the case of a Charitable Society there be no rules, a statement of the objects of the Society.

(b) An application signed by the said Trustees of the Friendly Society or by the said Trustees or Treasurer of the Charitable Society (as the case may be) specifying to what officers or members of the Society it is proposed that the amount repayable in respect of the said Certificate should be repaid and bearing and containing all such signatures and other information as the Minister for Posts and Telegraphs may require and (in the case of a Charitable Society) requesting the approval of the Minister for Posts and Telegraphs of the purchase. The Minister for Posts and Telegraphs may from time to time prescribe the form of such application.

(ii) The persons to whom the said money is to be repaid shall sign their names in the prescribed manner, and such signatures shall be deemed sufficient for all purposes.

(2) The Trustees of a Friendly Society or the Trustees or Treasurer of a Charitable Society (as the case may be) may, by direction in writing signed by them or him from time to time amend their or his application so far as relates to the specification of the officers or members of the Society to whom the said money may be repaid, and may strike out the names of any officers or members previously specified and specify other officers or members in lieu thereof, or in addition thereto. The Minister for Posts and Telegraphs may from time to time prescribe the form of such direction.

(3) The persons named in any such direction for payment shall sign their names on the form of direction.

(4) Where a Friendly Society is at the time of making a purchase or subsequently becomes a branch of a larger Friendly Society, any officer of the central body or of any other branch of the larger society may be specified as the person to whom money may be repaid.

Procedure on Repayment.

15.—(1) Subject to the provisions of these Regulations, any person wishing to obtain payment of the amount repayable in respect of a single Certificate or the whole or part of the amount repayable in respect of a multiple Certificate shall make application for repayment on the prescribed form addressed to the Accountant, Department of Posts and Telegraphs, Dublin, or in some other form or manner to be approved by the Minister for Posts and Telegraphs, and such application should be made at least four clear days before repayment is required.

(2) In such form the applicant shall specify the numbers of the Certificates in respect of which he requires repayment his name and address and such other particulars as may be required by the Minister for Posts and Telegraphs.

(3) On receipt of this application and subject to the provisions of these Rules and to the production of such evidence (if any) as the Minister for Posts and Telegraphs may require in regard to the applicant's title, a Warrant for the amount required made payable in the manner therein specified to the applicant or to the person authorised by him to the satisfaction of the Minister for Posts and Telegraphs to receive payment on behalf of the applicant, shall be issued to the applicant or to the person so authorised as aforesaid. The Warrant may be issued by being sent by post to the applicant or to the person so authorised as aforesaid.

(4) The Warrant shall be in one of the forms prescribed by the Minister for Posts and Telegraphs and may be in the form of a Warrant payable only through a banker. An application for repayment may specify the particular form of Warrant desired by the applicant and, if the issue of a Warrant payable only through a banker shall be requested, such application shall be accompanied by the relative Certificates, which may be retained by the Minister for Posts and Telegraphs.

(5)—(a) A Warrant payable otherwise than through a banker shall be presented at the Post Office named therein or otherwise in accordance with the directions and conditions specified in such Warrant by the person named therein as payee or by a person purporting to be authorised by the payee to the satisfaction of the Minister for Posts and Telegraphs to receive the sum specified in the Warrant and shall be accompanied by the relative Certificates which may be retained by the Paying Officer on behalf of the Minister for Posts and Telegraphs. The Paying Officer shall place on such Warrant the dated stamp of his office and shall take a receipt on the Warrant for the sum therein specified from the person therein named as payee or any person purporting to be authorised by him as aforesaid to receive the said sum, and such receipt shall be a good discharge to the Minister for Finance and the Minister for Posts and Telegraphs for the sum specified in such Warrant.

(b) If the sum specified in a Warrant payable otherwise than through a banker shall not exceed the amount of £10 then payment of the sum specified in such Warrant may be made at the Post Office named therein or otherwise in accordance with the directions and conditions specified in such Warrant to any person by whom such Warrant shall be presented without requiring any such authority as is mentioned in these Rules. Provided that such Warrant when presented shall be accompanied by the relative Certificates (which may be retained by the Paying Officer on behalf of the Minister for Posts and Telegraphs) and that the receipt on such warrant shall purport to be signed by the payee. Such receipt shall be a good discharge to the Minister for Finance and the Minister for Posts and Telegraphs for the sum specified in such Warrant.

(6) A Warrant payable only through a banker shall be marked " not negotiable " and shall be crossed at the time of issue by the addition on its face of the words " and Company " or any abbreviation thereof between two parallel transverse lines or of two parallel transverse lines simply. Such a Warrant may also be crossed specially at or after the time of issue by the addition on its face of the name of a banker, in which case the Warrant shall be deemed to be crossed to that banker. A banker to whom such a Warrant is crossed may again cross it specially to another banker as his agent for collection.

(7) A Warrant payable only through a banker shall be presented for payment by or through a banker only at the General Post Office in the City of Dublin, or otherwise in accordance with the directions and conditions given or specified by the Minister for Posts and Telegraphs and not elsewhere. Before presentation the name of the banker by or through whom such Warrant is presented or (where the Warrant is crossed specially to a second banker as agent for collection) the name of such second banker shall be written or stamped upon the face thereof and the receipt on such Warrant shall be signed by the person named therein as payee. Such receipt on a Warrant so presented shall be a good discharge for all purposes to the Minister for Finance and the Minister for Posts and Telegraphs for the sum specified in such Warrant.

(8) Where a Warrant, payable only through a banker, is crossed specially, such Warrant shall be presented for payment only by the banker to whom it is crossed or by his agent for collection, and where a Warrant payable only through a banker is crossed specially to more than one banker, except when crossed to an agent for the purposes of collection, the Minister for Posts and Telegraphs may refuse payment thereof.

(9) A Warrant payable only through a banker and presented by or through a banker for payment will not (unless the Minister for Posts and Telegraphs otherwise directs) be paid until after such warrant has been examined by such officer as the Minister for Posts and Telegraphs may from time to time direct.

(10) In any case in which the Minister for Posts and Telegraphs considers it to be desirable and expedient so to do he may at his discretion vary the procedure on repayment and the method of payment prescribed by these Rules and dispense with all or any of the requirements therein contained, and may effect payment by means of such document as he may think fit. The posting by the Minister for Posts and Telegraphs or his authorised officer of a letter containing the document (other than a Warrant) by means of which payment is intended to be effected to the address mentioned in the application for repayment or otherwise given for the purpose of repayment shall be a good discharge to the Minister for Finance and the Minister for Posts and Telegraphs for the sums specified in such document and shall, for the purposes of these Rules, have the same effect as the payee's receipt on a Warrant.

(11) If, in the case of a multiple Certificate, repayment is made of a part only of the amount repayable in respect thereof, the Paying Officer or other Officer appointed for the purpose may (according to such directions as may be given from time to time by the Minister for Posts and Telegraphs) either issue to the applicant a fresh Certificate accordingly showing the sum remaining payable on the fifth anniversary of the date of the purchase of the original Certificate so partly repaid or alter the original Certificate by showing thereon the amount repaid.

(12) The provisions of this Rule shall not apply to Savings Certificates issued in pursuance of section 5 (1) of the Dáil Eireann Loans and Funds Act, 1924.

16.—(1) An application for the payment of the amount repayable in respect of a Certificate purchased by or in the name of and infant and held accordingly may be made by such infant if of the age of seven years or upwards.

(2) The Warrant issued on such application shall be made payable to such infant or to the person authorised by him to the satisfaction of the Minister for Posts and Telegraphs to receive payment on behalf of such infant, and the receipt of such infant or of the person so authorised as aforesaid shall be a good discharge to the Minister for Finance and the Minister for Posts and Telegraphs for the sum specified in such Warrant.

(3) Any such authority as is mentioned in any of these Rules (including the authority mentioned in this rule and the authority mentioned in sub-clause 5 (a) of Rule 15 hereof) may be signed or given by an infant if of the age of seven years or upwards, and shall be as valid and binding on him in all respects as if, being of full age, he had signed or given such authority.

(4) If at the expiration of 5 years from the date of the purchase of a Certificate by or in the name of an infant such infant is still under the age of seven years the amount repayable in respect of such Certificate may be paid (without restriction as to amount, and as and when the Minister for Posts and Telegraphs thinks fit) by the Minister for Posts and Telegraphs at his option either into the account (if any) in the name of the infant in a Savings Bank or (even if there may be already, at the date of such payment, an account in the name of such infant in a Savings Bank) into an account in a Savings Bank to be opened on behalf of and in the name of such infant. Such payment shall be a good discharge to the Minister for Finance and the Minister for Posts and Telegraphs for the amount so repayable and shall be deemed to be equivalent to the actual repayment of such amount.

(5) Where it is proved to the satisfaction of the Minister for Posts and Telegraphs that any amount repayable (in respect of a Certificate) to an infant under the age of seven years is urgently needed for the maintenance, education or benefit of such infant, or that from any other circumstances it is expedient to pay such amount or any part thereof, the Minister for Posts and Telegraphs may pay such amount or any part thereof to any person who may satisfy the Minister for Posts and Telegraphs that he will apply the same for the benefit of such infant, and the receipt of such person shall be a good discharge to the Minister for Finance and the Minister for Posts and Telegraphs for the sum so paid.

17.—(1) An application for the payment of the amount repayable in respect of a Certificate in the name of a person of unsound mind shall be made by the committee of the estate of such person.

(2) The Warrant issued on such application shall be made payable to such committee, or to the person authorised by such committee to the satisfaction of the Minister for Posts and Telegraphs to receive payment on behalf of such committee, and the receipt of such committee or of the a person so authorised as aforesaid shall be a good discharge to the Minister for Finance and the Minister for Posts and Telegraphs for the sum specified in such Warrant.

(3) Where the holder of a Certificate is of unsound mind, and no committee of his estate has been appointed, the Minister for Posts and Telegraphs may, when it is proved to his satisfaction that it is just and expedient so to do, pay the amount repayable in respect of any such Certificate, or in the case of a multiple Certificate the whole or any part thereof to any person whom he shall judge proper to receive the same, and the receipt of such person shall be a good discharge to the Minister for Finance and the Minister for Posts and Telegraphs for the sum so paid.

18.—(1) An application for the repayment of the amount repayable in respect of a Certificate held in the joint names of two or more persons shall be made by all such persons or by the survivor among such persons.

(2) The Minister for Posts and Telegraphs may require proof of survivorship to his satisfaction.

(3) The Warrant issued on such application shall be made payable to such applicants or to the person (who may be one of such applicants) authorised by such applicants to the satisfaction of the Minister for Posts and Telegraphs to receive payment on their behalf, and the receipt of such applicants or of the person so authorised as aforesaid shall be a good discharge to the Minister for Finance and the Minister for Posts and Telegraphs for the sum stated in the Warrant.

19.—(1) An application for the repayment of the amount repayable in respect of a Certificate in the name of a person as Trustee for another person whose name is also entered on the Certificate shall be made by all such persons or by the survivor among such persons.

(2) The Minister for Posts and Telegraphs may require proof of survivorship to his satisfaction.

(3) The Warrant issued on such application shall be made payable to such applicants or to the person (who may be one of such applicants) authorised by such applicants to the satisfaction of the Minister for Posts and Telegraphs to receive payment on their behalf, and the receipt of such applicants or of the person so authorised as aforesaid shall be a good discharge to the Minister for Finance and the Minister for Posts and Telegraphs for the sum stated in the Warrant.

20.—Where a Certificate is in the name of a person as Trustee for another person whose name is also entered on the Certificate and such first mentioned person has become insane or bankrupt, the Minister for Posts and Telegraphs may in his discretion pay the amount repayable in respect of such Certificate to the other person whose name is also entered otherwise than as Trustee on the Certificate as aforesaid with or without the concurrence of the committee of the estate or trustee in bankruptcy (if any) of the person who has become insane or bankrupt as aforesaid and the receipt of such person, whose name is also entered otherwise than as Trustee on the Certificate as aforesaid, shall be a good discharge to the Minister for Finance and the Minister for Posts and Telegraphs for the sum so paid.

21.—(1) An application for payment of money repayable in respect of a Certificate in the name of a Friendly Society or of the Trustees or any officer of a Friendly Society, or of the Trustees or Treasurer of a Charitable Society shall be made by any persons for the time being recognised by the Minister for Posts and Telegraphs as entitled to repayment of such money.

(2) The Minister for Posts and Telegraphs may in his discretion require proof to his satisfaction of the identity of the applicants and of their title to repayment of the sums due to the Society.

(3) The application may request that the sum to be repaid may be paid to any one or more of the applicants (where they are more than one) to the exclusion of the others or to any officer of the Society, and where the Society is a Branch, to any officer of the Central Body or of any other Branch.

(4) The Warrant issued on such application shall be made out in the name of the Society, or of the persons entitled for the time being to repayment (as the case may be) or of any person named by them under the last preceding sub-clause, and the receipt of the person so entitled or named shall be a good discharge to the Minister for Finance and the Minister for Posts and Telegraphs for the sum stated in the Warrant, and the Minister for Finance and the Minister for Posts and Telegraphs shall not be liable for any misapplication of the sum so paid.

22.—(1) If any act, omission, negligence, acquiescence, or any breach of these Rules, on the part of a holder of a Certificate or of the person named in a Warrant as payee or of the person authorised to receive the sum specified in a Warrant shall (in any manner or to any extent) cause or contribute towards the theft, loss, or fraudulent treatment of such holder's Certificate or of such Warrant, or the forgery or unauthorised making of the signature on the receipt on such Warrant of the person named therein as payee or of the person authorised to receive the sum specified therein, the payment in good faith of the sum specified in any such Warrant or of any Warrant issued in respect of such Certificate, to the person purporting to be the person named in any of such Warrants or purporting to be authorised to receive the sum specified therein shall be a good discharge to the Minister for Finance and the Minister for Posts and Telegraphs for all purposes.

(2) The theft or loss of a Certificate or of a Warrant shall be reported (by the holder or the person named in the Warrant as payee or the person authorised to receive the sum specified therein) by notice in writing to the Accountant of the Department of Posts and Telegraphs immediately after such theft or loss and failure to give such notice accordingly shall be a breach of these Rules.

(3) Where payment is made by the Minister for Posts and Telegraphs in accordance with the terms of an authority for payment given by the holder of a Certificate or an applicant for repayment, such payment shall be a good discharge to the Minister for Finance and the Minister for Posts and Telegraphs notwithstanding the determination or revocation of such authority by the death, lunacy, unsoundness of mind or bankruptcy of the person giving such authority or by any other means if such determination or revocation is not at the time of the payment known to the Minister for Posts and Telegraphs and the paying officer or other person making the payment.

Transfer of Certificates.

23.—(1) A Certificate or (in the case of a multiple Certificate) any part of the amount repayable in respect thereof shall not be transferred to or into the name of any other person without the consent of the Minister for Posts and Telegraphs, who may refuse such consent at his absolute discretion, and such consent will be given only in exceptional circumstances.

(2) An application to make such transfer shall be in the predescribed form or in such other form as may be approved by the Minister for Posts and Telegraphs, and shall be signed by the applicant, and every such application shall be accompanied by the Certificate to which the application relates and by such other evidence as the Minister for Posts and Telegraphs may require of the title of the applicant to the Certificate.

(3) Every such application shall also be accompanied by a statement of the full name and address of the person to whom or into whose name it is desired to transfer the Certificate (hereinafter referred to as "the transferee") and by a fee of one shilling in respect of each transferee. The signature of such transferee shall also be furnished.

(4) If upon receiving such application as aforesaid and being satisfied as to the title of the applicant to transfer the Certificate to which the application relates, the Minister for Posts and Telegraphs shall decide to permit the transfer, he shall at his option either amend the Certificate by substituting therein the name of the transferee for that of the transferor or issue such fresh Certificate as may be necessary to carry out the transaction.

(5) In the event of the transfer being permitted as aforesaid such application shall be a good discharge to the Minister for Finance and the Minister for Posts and Telegraphs from the transferor for the amount repayable in respect of the Certificates specified therein.

24.—(1) Any person of the age of 16 years or upwards to whom any sum due to the holder of a Certificate at the time of his decease or to a holder who is of unsound mind might be paid under and in accordance with the provisions of these Rules may, subject to the provisions of these Rules in lieu of applying for repayment of such sum apply to the Minister for Posts and Telegraphs for the transfer of the Certificate into his own name or the name of any other person specified in such application.

(2) The provisions of these Rules relating to the transfer of Certificates shall apply to the transfer of Certificates held by a deceased holder and by a holder who is of unsound mind so far as the same are applicable except that no transfer fee shall be payable.

25.—(1) Upon the application of the holder of a Certificate and upon payment of a fee of one shilling in each case the Minister for Posts and Telegraphs may, where he deems it just and expedient so to do and subject to the provisions of these Rules, add the name of one or more persons to the Certificate.

(2) Every person whose name is added under this rule shall sign his name on such document as may be required by the Minister for Posts and Telegraphs and shall furnish such particulars as may be required by the Minister for Posts and Telegraphs.

Nominations.

26.—Subject to the provisions of these Rules a person of the age of 16 years or upwards holding a Certificate not being a Certificate issued in pursuance of the provisions of the Dáil Eireann Loans and Funds Act, 1924, may nominate any person to receive any sum repayable in respect of a Certificate and due to such holder at his decease, but a holder of a Certificate or Certificates may not have more than one nomination in force at any time.

27.—Every such nomination shall be in writing on the prescribed form (or in some other form to be approved by the Minister for Posts and Telegraphs) and shall be signed by the holder in the presence of a witness and shall be sent by post or otherwise to the Accountant of the Department of Posts and Telegraphs during the lifetime of the holder. Such nomination may be retained by the Accountant.

28.—(1) Any such nomination shall be revoked by the death of the nominee in the lifetime of the nominator or by the marriage of the nominator subsequent to the making of the nomination or by written notice of revocation signed by the nominator in the presence of a witness and sent to the Accountant of the Department of Posts and Telegraphs in accordance with the provisions of this rule or by any subsequent nomination made by the nominator under these Regulations.

(2) Any such written notice of revocation shall be sent by post or otherwise to the Accountant of the Department of Posts and Telegraphs during the lifetime of the holder.

(3) Any such nomination shall not be revoked by any will or by any events or means other than those specified in this rule.

(4) Where the Minister for Posts and Telegraphs has paid money to a nominee in ignorance of the fact that the nominator has married subsequently to the making of the nomination, the receipt of the nominee shall be a valid discharge to the Minister for Finance and the Minister for Posts and Telegraphs.

29.—A nomination may be in favour of one person or of several persons, and in the latter case may direct that specific sums shall be paid to one or more of the persons named in the nomination, or that the persons named in such nomination may take the sums in specified shares, or may give directions to both effects.

30.—No person who witnesses the signature of a holder of a Certificate to a nomination shall take any benefit under such nomination.

31.—Subject to the provisions of these Rules, where the Minister for Posts and Telegraphs has no notice of the claim of any creditor of the holder, the Minister for Posts and Telegraphs shall pay the persons named in any nomination made by such holder, and in force at the time of his death, notwithstanding the production of probate of the will of the deceased holder or letters of administration to his estate, according to the directions of such nomination, and the receipt of any person so named shall be a good discharge to the Minister for Finance and the Minister for Posts and Telegraphs for the sum so paid, notwithstanding such person has not attained the age of 21 years if such person has attained the age of 16 years.

32.—Where, on the death of a holder of a Certificate who has made a nomination, the Minister for Posts and Telegraphs has notice of a claim of any creditor against the estate of such holder, and such estate, apart from the amount nominated, appears to be insufficient to satisfy such claim, the Minister for Posts and Telegraphs may, in his discretion, apply the amount nominated in or towards the satisfaction of such claim, and subject as aforesaid any payment made by the Minister for Posts and Telegraphs to the nominee shall be a valid payment, and the receipt of the nominee shall be a good discharge to the Minister for Finance and the Minister for Posts and Telegraphs for the sum so paid.

33.—Where any person nominated to receive any sum on the death of the holder of a Certificate is an infant under the age of 16 years, and it is proved to the satisfaction of the Minister for Posts and Telegraphs that funds are urgently needed for the maintenance, education or benefit of such infant the Minister for Posts and Telegraphs may pay the sum mentioned in the nomination or any part thereof to any person who may satisfy the Minister for Posts and Telegraphs that he will apply such sum for the benefit of such infant, and the receipt of such person shall be a good discharge to the Minister for Finance and the Minister for Posts and Telegraphs for the amount so paid.

34.—Where any person named as nominee in any nomination (in force at the time of the death of the nominator by whom it was made) dies after the death of such nominator but before the Minister for Posts and Telegraphs has paid such nominee, the provisions of these Rules shall apply to such nominee and to the sum payable to him as nominee as if at the date of his death such deceased nominee were a holder of a Certificate and the said sum were a sum repayable to such deceased nominee in respect of a Certificate held by him.

Repayment of Sums due to Deceased Holders of Certificates.

35.—(1) The Minister for Posts and Telegraphs may require proof to his satisfaction of the decease of the holder of a Certificate.

(2) The Minister for Posts and Telegraphs may accept as conclusive proof of the death of a holder of a Certificate and of the date of the death of a holder of a Certificate such statement or evidence as the Minister for Posts and Telegraphs may in his absolute discretion think fit, and a statement or evidence to his satisfaction that a holder of a Certificate has not been heard of for a period of seven years or more may be accepted by him as conclusive proof of the death of such holder of a Certificate. Any payment which may be made under these Rules in reliance on such statement or evidence as aforesaid shall be a good discharge to the Minister for Finance and the Minister for Posts and Telegraphs for the sum paid notwithstanding that such holder of a Certificate may be in fact alive at the time of such payment. In this rule and in Rule 36 hereof the expression " holder of a Certificate " includes any person beneficially interested at any time in the personal estate of a deceased holder of a Certificate or who, in certain circumstances, would be or would have been beneficially interested at any time in the personal estate of a deceased holder of a Certificate.

36.—In the event of the death of the holder of a Certificate, any payment under these Rules made in accordance with the law of the place in which such holder of a Certificate resided at the date of his death shall be a good discharge to the Minister for Posts and Telegraphs for the sum so paid unless express notice in writing that such holder of a Certificate was domiciled elsewhere shall have been received by the Minister for Posts and Telegraphs prior to such payment, and for the purposes of this Regulation the Minister for Posts and Telegraphs may accept as conclusive proof of the place of residence of a holder of a Certificate at the date of his death, such statement or evidence as the Minister for Posts and Telegraphs may in his absolute discretion think fit.

37.—(1) Where the holder of a Certificate dies and the total amount of the sums repayable to such holder at the time of his decease in respect of all Certificates (in which the name of such holder is the only name specified or entered thereon as holder thereof at the date of death) held by such holder does not exceed £100 and probate of the will of such holder is not, or letters of administration to his estate and effects are not produced within such time as the Minister for Posts and Telegraphs thinks reasonable, if such holder has made no nomination, and so far as any nomination does not extend, the Minister for Posts and Telegraphs may, without requiring probate of the will or letters of administration to the estate and effects of the deceased in his discretion pay the amount repayable as aforesaid or which shall have become repayable in respect of such Certificates or any part of such amount to or among the person or persons or any one or more of the persons (exclusively of the other) who shall in the opinion of the Minister for Posts and Telegraphs establish a valid claim to the said amount or any part thereof under any of the following descriptions, that is to say:—

(a) A person who has paid the funeral expenses of the deceased.

(b) A creditor of the deceased.

(c) A person appearing to the Minister for Posts and Telegraphs to be beneficially entitled (according to the Statutes of Distribution or at common law or under any unproved will codicil or testamentary disposition) to the personal estate of the holder of a Certificate or to any interest or interests therein or to any specific or general portion or portions thereof.

(d) A person entitled to take out probate or letters of administration to the deceased holder of a Certificate.

(e) A person undertaking to maintain any person who by reason of any incapacity whatsoever (including infancy or minority) is unable to give the Minister for Finance and the Minister for Posts and Telegraphs a legal discharge for the moneys or for a share of the moneys of a deceased holder of a Certificate due under this rule to the person who is unable to give a legal discharge as aforesaid.

(f) In the case of foreign seamen, the Consular authority of any country with whom a treaty has been made relative to the payment of moneys due to such seamen.

(g) In the case of foreign subjects, other than foreign seamen, the Consular authority of the country to which the deceased belongs, on such assurance as to the ultimate disposition of the said amount as is satisfactory to the Minister for Posts and Telegraphs.

(h) In the case of citizens of the Irish Free State whose relatives reside outside the Irish Free State, such officer or authority as shall appear to the satisfaction of the Minister for Posts and Telegraphs to be duly appointed for or charged with the administration or distribution of the estates of deceased persons in the appropriate district or community.

(i) The Chief State Solicitor if the estate of the deceased has devolved upon the State.

(2) In making such payment as aforesaid, the Minister for Posts and Telegraphs shall have regard to the rules of law regulating the distribution of the estates of deceased persons, but he may, nevertheless, when he considers that injustice, hardship or inconvenience would result from adherence to such rules pay and distribute the amount due to the deceased otherwise than in accordance with such rules.

(3) The receipt of any person to whom payment may be made under this rule or under Rule 34 hereof shall be a good discharge to the Minister for Finance and the Minister for Posts and Telegraphs for the sum paid, and any such receipt may be signed by any such person above the age of 16 years, notwithstanding that such person has not attained the age of 21 years.

38.—(1) If any person is unable by reason of any incapacity whatsoever (including infancy or minority) to give the Minister for Finance and the Minister for Posts and Telegraph a legal discharge at any time for the moneys or a share of the moneys of a deceased holder of a Certificate due (under Rule 31 or under Rule 34, or under Rule 37 hereof) to the person who is unable to give a legal discharge as aforesaid the amount of such moneys or share so due as aforesaid may, if and when the Minister for Posts and Telegraphs in his absolute discretion thinks fit, be paid (without restriction as to amount) by the Minister for Posts and Telegraphs at his option either into the account (if any) in the name of such person in a Savings Bank or (even if there may be already at the date of such payment an account in the name of such person in a Savings Bank) into an account in a Savings Bank to be opened by the Minister for Posts and Telegraphs on behalf of and in the name of such person. Such payment shall be a good discharge to the Minister for Finance and the Minister for Posts and Telegraphs for such amount and shall be deemed to be equivalent to the actual repayment of such amount.

(2) Where any account in a Savings Bank is opened by the Minister for Posts and Telegraphs pursuant to this rule on behalf of and in the name of a person who is not above the age of 16 years no sum or sums shall be withdrawn by such person from such account until after such person has attained the age of 16 years, and a note to this effect may be placed on such account.

(3) Where any account in a Savings Bank is opened by the Minister for Posts and Telegraphs pursuant to this rule or pursuant to the provisions of sub-clause (4) of Rule 16 hereof no deposit book shall be issued in respect of such account, and the person on whose behalf and in whose name the account shall have been opened by the Minister for Posts and Telegraphs shall not be entitled to deposit in such Savings Bank any sum or sums to be credited to such account.

(4) Where any account is opened by the Minister for Posts and Telegraphs pursuant to this rule or pursuant to the provisions of sub-clause (4) of Rule 16 hereof any payment into such account may be made by the Minister for Posts and Telegraphs without the declaration required of a depositor in a Savings Bank, and the amount paid in as aforesaid by the Minister for Posts and Telegraphs shall not be a deposit and such account shall not be an account within the meaning and for the purposes of any provisions (contained in any Statute or Regulations) prohibiting or imposing penalties in respect of deposits in more than one Savings Bank or deposits standing to the credit of more than one account in the same Savings Bank.

(5) Where any amount is paid by the Minister for Posts and Telegraphs pursuant to sub-clause 1 of this rule or pursuant to sub-clause (4) of Rule 16 hereof either into an existing account or into an account to be opened by the Minister for Posts and Telegraphs as aforesaid the amount so paid in and any interest and dividends becoming due in respect thereof shall not be a sum standing in the name of a depositor within the meaning of and for the purposes of any provisions (contained in any Statute or Regulations) fixing a limit to the sum standing in the name of any depositor in a Savings Bank on which interest shall be allowed or paid.

Miscellaneous.

39.—(1) If any holder shall lose his Certificate and shall desire a new Certificate application must be made by him to the Accountant of the Department of Posts and Telegraphs stating the circumstances and enclosing a fee of one shilling.

(2) Upon receiving such application the Minister for Posts and Telegraphs may, if he thinks fit, issue a new Certificate to the applicant.

(3) If in the opinion of the Minister for Posts and Telegraphs any Certificate has been tampered with or is in such a condition as to render the issue of a new Certificate desirable, the Minister for Posts and Telegraphs may, if he thinks fit, require the surrender and cancellation of such Certificate and issue a new Certificate to the holder and charge therefor the sum of one shilling.

(4) The said fee of one shilling shall cover the issue of more than one new Certificate at the same time to the same holder.

(5) The Minister for Posts and Telegraphs may pay any sum repayable in respect of any Certificate without the production of the Certificate where he is satisfied that the claimant is entitled to receive such sum.

40.—(1) Where a Certificate is purchased by a person who cannot write, his mark must be affixed to the application form or other document in the prescribed manner in the presence of a witness.

(2) Where the person, to whom a Warrant (payable otherwise than through a banker) is made payable, cannot write, he must, when he presents the Warrant for payment, affix his mark to the receipt at the foot of the Warrant in the presence of some person who is known to the Paying Officer and who can identify the person applying for the money as the person named in the Warrant

41.—Where a Certificate is purchased in error the Minister for Posts and Telegraphs may repay the purchase money without interest to the purchaser or to such other person as may, in the opinion of the Minister for Posts and Telegraphs, be entitled thereto and may cancel the Certificate and all proceedings taken in respect thereof, or may take such other action as the Minister for Posts and Telegraphs may think fit.

42.—When any payment is made, or act done by the Minister for Posts and Telegraphs or any person acting under his authority in accordance with these Rules, the Minister for Finance, the Minister for Posts and Telegraphs and such person shall not be liable in respect of any claims on the part of any person in connection with such payment or act, but any person may nevertheless recover any sum lawfully due to him from the person to whom the Minister for Posts and Telegraphs has paid the same

43.—(1) If the total property of any deceased holder of a Certificate exceeds £100 after deduction of debts and funeral expenses any sum which may under these Rules be paid to a survivor or otherwise than to the legal personal representative of the holder shall notwithstanding such payment be for the purposes of Estate Duty treated as passing under the will or intestacy of the deceased holder.

(2) The Minister for Posts and Telegraphs shall, before making any payment in respect of a Certificate in the name of a deceased holder (either alone or jointly with any other person) to anyone but the legal personal representative of such deceased, require a declaration by the claimant or one of the claimants, or by the survivor or survivors of the persons named in the Certificate (or other evidence to the satisfaction of the Minister for Posts and Telegraphs) that the total estate of the deceased holder, including the amount repayable in respect of the Certificate, does not after deduction of debts and funeral expenses exceed the value of £100.

(3) In every such case as aforesaid where the total estate of the deceased holder, including such amount, but after deduction of debts and funeral expenses exceeds £100, the Minister for Posts and Telegraphs shall, before making any payment to any survivor or to any person other than the legal personal representative of the deceased require production of a statement from the Revenue Commissioners of the payment of the Estate Duty, and of a duly stamped receipt for the Succession or Legacy Duty, payable in respect of the amount repayable as aforesaid, or of a statement stating that no Succession or Legacy Duty is payable.

(4) Provided nevertheless that in the case of a Certificate purchased or held under Rule 13 hereof the preceding sub-clauses of this rule shall not apply in respect of such Certificate on the death of the person named therein as trustee for another person also named therein.

44.—No Warrant or other order for the payment of money no receipt or other acknowledgment for the receipt of money and no Power of Attorney, or other document, in relation to the payment or receipt of amounts repayable in respect of Certificates is liable to or charged with any Stamp Duty.

45.—Subject to the provisions of these Rules no notice of any trust, express, implied or constructive shall be receivable by the Minister for Posts and Telegraphs.

46.—(1) If any person not entitled under these Rules so to do shall purchase or hold or have any interest in a Certificate the nominal amount of such Certificate shall be liable to be forfeited either as to the whole thereof or to such extent and in such manner as the Minister for Posts and Telegraphs may think just in the circumstances of the case.

(2) If any person shall purchase or hold or have any interest in any Certificates (whether single or multiple) of a greater nominal amount in the aggregate than that allowed under these Rules the amount of the excess shall be liable to be forfeited either as to the whole thereof or to such extent and in such manner as the Minister for Posts and Telegraphs may think just in the circumstances of the case.

(3) In any case in which any amount shall have become liable to be forfeited under this Rule the Minister for Posts and Telegraphs may by writing under his hand or signed in his name (without any previous notice to any person) declare such amount to be forfeited either as to the whole thereof or to such extent and in such manner as may be specified in such writing, and such amount shall thereupon be forfeited accordingly.

(4) In any case in which any amount shall have become liable to be forfeited under this rule (whether any declaration of forfeiture shall, or shall not have been made) the Minister for Posts and Telegraphs may require all Certificates affected or liable to be affected by any forfeiture as aforesaid to be surrendered and delivered up to him, and the Minister for Posts and Telegraphs may at his option either cancel all or any of such Certificates or alter the nominal amounts or any of the nominal amounts of such Certificates to such an extent and in such manner as he may think fit.

(5) In any case in which any amount shall have become liable to be forfeited under this rule (whether any declaration of forfeiture shall or shall not have been made) the Minister for Posts and Telegraphs may if he shall in his absolute discretion think fit but not otherwise pay, to any person who purchased, held or had any interest in, the Certificates affected or liable to be affected by any forfeiture, such portion of the amount liable to be forfeited or declared to be forfeited as the Minister for Posts and Telegraphs may think fit in the circumstances in such manner and by such means as he may think fit provided that neither the Minister for Finance nor the Minister for Posts and Telegraphs shall be liable to pay any interest or make any compensation in connection with such payment or on any ground whatsoever.

47.—(1) The following provisions of the following Acts shall apply as if the amounts repayable in respect of Certificates were deposits in the Post Office Savings Bank and purchasers of Certificates were depositors in the said bank, viz. :—

(a) Section 4 of the Post Office Savings Banks Act, 1861 (names of depositors, &c., not to be disclosed).

(b) Section 10 of the Savings Banks Act, 1887 (which relates to the price of certificates of birth, death or marriage).

(2) (a) If any dispute as to the actual ownership of a Certificate arises between the Ministers for Posts and Telegraphs and the holder of a Certificate, or any person claiming to be entitled to a Certificate or the amount repayable in respect thereof, the matter in dispute shall be referred to the Registrar of Friendly Societies.

(b) On any such reference being made, the Registrar may proceed ex parte on notice in writing sent by post to the Minister for Posts and Telegraphs, and may inspect the necessary documents and may administer oaths to any witnesses appearing before him; and his award on the matter in dispute shall be final and binding on all parties and shall not be subject or liable to or charged with any Stamp Duty whatever.

(3) The power conferred upon the Minister for Finance by Section 3 of the Savings Banks (Barrister) Act, 1876, shall extend to the fixing of fees upon any awards made by the Registrar in pursuance of these Rules. Provided that the limit of One Pound upon the amount of such fees shall not apply.

Application of Rules.

48.—All the provisions of these Rules shall apply and be deemed always to have applied as respects all Certificates which have been issued and all money which has been raised thereby before the date on which these Rules come into force as such provisions apply to all Certificates issued and money raised thereby after such date: Provided that any action taken or procedure adopted with respect to any Certificates issued before that date which was in accordance with the conditions under which the Certificates were issued is hereby confirmed notwithstanding that the action or procedure differed from that prescribed by these Rules, and these Rules shall in the case of any such Certificates have effect subject to the necessary modifications.

Dated this 3rd day of December, 1926.

(Signed) EARNAN DE BLAGHD,

Minister for Finance.

Dublin.

Government Buildings,