of a given age, or sooner in case of death (Clause 3), may be for any amount not exceeding 100 7. and may be granted to persons not over the age of 65 years, nor under 14, or if the amount does not exceed 5 l., nor under eight years (Clause 4). The tables to be constructed for the granting of savings bank annuities and insurances are to be framed so that the fund formed by the receipt of sums in respect of deferred annuities and insurances, and the amoun's paid for immediate annuities, shall, respectively, be adequate (after payment of expenses) to meet all claims without causing any loss to the Exchequer (Clause 5, Subsection 4); but if the fund formed by the receipt of sums in respect of insurances is so much in excess of the liabilities that it is possible to reduce the payments made to obtain insurances, and a new table is made for that purpose, the Treasury may provide for giving to the persons entitled to insurances in force at that time such portion of the surplus of the fund as seems just, in such manner as seems expedient (Clause 5, Sub-section 9). The regulations to be made under Section 16 of the Government Annuities Act, 1864, are to provide, amongst other things, for proofs of age, identity and state of health, and such other matters as appear necessary or proper for the grant of annuities and insurances; and in the case of an insurance for such sum not exceeding 25 l., as may be fixed by the regulations, for diminishing the amount to be paid to the insured in the event of any regulation as to medical certificates, or any other matters having been dispensed with (Clause 6, a); for crediting the accounts of depositors in a savings bank, with the sum due in respect of savings bank annuities and insurances (Clause 6, c); for enabling a person to whom an insurance is granted to nominate a person to whom the money due under such insurance, not exceeding 50l., is to be paid, on the death of such person, and for the discharge to be given for such money (Clause 6, e); and for making payments on the death of children under 10 years of age subject to the provisions of Section 28 of the Friendly Societies Act, 1875. Persons to whom a savings bank annuity or insurance has been granted are to be deemed depositors in a savings bank, but nothing in the Act is to exempt any person obtaining or becoming entitled to a savings bank insurance from any probate or stamp duty payable by law (Clause 7). Notice of any trust, express, implied or constructive, affecting any savings bank annuity or insurance (except such trusts as are, from time to time, recognised by law in relation to deposits in savings banks, and except such trusts as are provided for by Section 10 of the Married Women's Property Act, 1870, or any enactment now or hereafter to be passed relating to the property of married women) is not to be entered on any contract for such annuity or insurance, or in any deposit book relating thereto, nor to be receivable by any savings bank. But a savings bank annuity or insurance depending on the life of any person may be granted to that person jointly with any other persons for the amount allowed for a single annuity or insurance, and the transfer of an annuity may be permitted to two or more persons, one of them, or if granted on joint lives, all or such of them as the National Debt Commissioners may think fit, being the person or persons on whose life or lives the annuity is granted (Clause 8). Provision is made for the care of insane or incapacitated grantees (Clause 9), for the surrender or transfer of policies of insurance after two years' payment of premiums, instead of five (Clause 10); for the forfeiture of annuities or insurances held or claimed in excess of the maximum, or where a person makes or produces a false declaration or certificate, and for a penalty of double the amount with interest for receiving (Clause 11) payment in respect of a savings bank annuity after or in respect of an insurance on death before the death of the person insured, or at whose death the annuity is to cease, with imprisonment and discretional hard labour for 12 months in addition, if the money have been received with intent to defraud (Clause 12).

It will be observed that opportunity has been taken of the Bill to allow to insurers the power of nomination at death in respect of insurances under 50 l., so as to place savings bank insurers on the same footing in this respect with members of Friendly Societies, Co-operative Societies, and Trade Unions.

XXII. SAVINGS BANKS AND POST OFFICE SAVINGS BANKS.

An important case was decided in Ireland during the present year on the effect of deposits in savings banks in fictitious names, where by the negligence of the bank no declaration is given, Queen v. Littledale, 10 L. R. Ir. A full account of the case will be found in the Report of the Assistant Registrar for Ireland, post p. 73.

The following are details of some of the principal cases heard and awards made by the Registrar, during the year 1881, in respect of Trustee and Post Office Savings Banks:

1. Re St. Leonards Shoreditch Savings Bank and Deposits of Father Mathew Lodge of the Original Order of Total Abstinent Sons of the Phanix; hearing, 4th February 1881; award 19th November.

Friendly Society; Irregular Conduct; Suspension of Award.-Account opened in 1876 or 1877 in the names of the trustees of the Father Mathew Lodge of the "Original Order of Total Abstinent Sons of the Phoenix," a registered society. Appointment of new trustees registered 30th March 1880. The new trustees claimed the deposits, one of the old trustees resisting the claim.

At the hearing it appeared that the rules under which the society and the last appointment of trustees were registered had been discarded, and that practically the society now acted as if it were an unregistered branch of the "Original Grand Order of Total Abstinent Sons of the Phoenix," receiving contributions and paying benefits according to these, and not according to its own rules, and giving only the general rules of the Order to new members. On the other hand it appeared that the opposing trustee in effect only set up a personal claim for a smaller sum than the amount of the deposit.

On account of the irregular conduct of the Lodge an award was withheld for some time, but the Lodge having eventually become registered as a branch of the Original Grand Order of Total Abstinent Sons of the Phoenix, award was made for payment of the deposits to the trustees of the branch.

2. Re Leeds, Morley, and Skyrac Savings Bank and Deposits of Hannah Hinchliffe, or Hannah Hinchliffe and Lavinia Kirkland; hearing 11th February 1881.

Husband and Wife; Irregular Account.-Account opened in January 1854 in name of Hannah Hinchliffe, a married woman. Some years later the deposits were transferred to a new account, in the names of Hannah Hinchliffe and Lavinia Kirkland, her daughter by a previous husband, by a credit of 70l. The husband claimed the money as part of his own savings. Lavinia Kirkland claimed no personal interest. Held, that whether the joint account could or could not have been legally opened, still as it was opened by an illegal credit it could not be treated as valid; that therefore the original account in the name of Hannah Hinchliffe must be taken as subsisting, and this being the case, under Sections 2 and 9 of the Married Women's Property Act, 1870, the jurisdiction in the matter lay with the County Court.

3. Re Newcastle-on-Tyne Savings Bank and Deposits of Burnopfield Female Friendly Society; hearing 11th March 1881; award 29th March 1881.

Friendly Society; Secession; Appointment of New Trustee.-A Friendly Society had an account standing (irregularly) in its own name in the Newcastle Savings Bank. Differences having arisen in the society, according to one account because an illegal division of the funds had been proposed by the younger members, and resisted by the trustees and the clerk; according to the other, because of dissatisfaction with the clerk's accounts, a virtual secession took place, the old trustees and the older members taking part with the clerk, and meeting as the society in a different room of the same house from the old club-room where the majority of the members, chiefly the younger ones, continued to meet, this larger section having, at a meeting held 17th February 1880, professedly removed the old trustees and appointed others in their stead, and having appointed a new clerk in place of the old one. To try the right, actions were brought in the County Court by the old trustees against the landlady of the house where the meetings were held for recovery of the box containing the society's papers, and against a third person, into whose field a hearse belonging to the Society had been thrust, and in both cases they were successful, the judge virtually thereby deciding that the appointment of trustees of 17th February 1880 was invalid. It appeared, however, that at a further meeting, held 23rd November 1881, the old trustees were duly removed, and new trustees appointed. Award, that the deposits were payable on the receipt of the new trustees.

4. Re West Somerset Savings Bank and Deposits of A. H. Sears; award

17th March 1881.

Investment in Stock by Minor.-Application by infant, aged five years or thereabouts, through his father and next friend, to invest his deposit in Government Stock under the Savings Bank Act, 1880. The bank refused. There was no dispute as to the facts. Award, that the infant was within the meaning of the Savings Bank Act, 1880, a depositor on whose request any deposit or any part of such deposit might be invested by the Savings Bank Authority in any Government Stock under Section 3 of the Act, subject as therein mentioned, and that application might be made by him in that behalf in conformity with the Savings Bank (Investment) Regulations, 1880.

5. Re London Provident Institution and Deposits of Isaacs alias Follick; hearing 18th March 1881; award 29th April.

Husband and Wife; wrong Name.-Deposit by woman professing to be single, in the name of Kate Isaacs, signing by a mark, and describing herself as a nurse. Claim by a Mr. Follick, on the ground that the depositor was his late wife, whose maiden name was Isaacs. He could only produce, however, a burial certificate in the name of Follick, and a marriage contract in the Jewish form, executed in New York, in which two totally different names were used. He swore that he and his late wife were the persons named in the contract, and that he had found the deposit book after her death amongst her things. He also produced transfer certificates, &c. relating to stock and securities which had been held by her and sold out latterly for his benefit, in which she described herself as Miss Isaacs. A witness swore that she was sister to the late Mrs. Follick, that both she and her sister were known by the maiden name of Isaacs, and that she was present at the marriage between the so-called Kate Isaacs and the claimant.

A false declaration having evidently been made, the further consideration of the matter was adjourned till the opinion of the Solicitor to the Treasury should have been obtained as to whether the deposit was so made with a fraudulent intention. The opinion of the Solicitor having been given to the effect that there was no fraudulent intention, award was made that Mr. Follick was entitled to the deposits.

6. Re Post Office Savings Bank and Deposits of Robert Thornton, deceased;
award 29th April 1881.

Doubtful Identity; Allegation of Bigamy.-Deposits made by Robert Thornton in his own name. On his death, claim in the name of Janet Thornton by a person alleging herself to be his widow, who produced a certificate of her marriage with the deceased, in which she was described as a widow. She stated by statutory declaration that her first husband was one J. Pritchard, who had deserted her five years before her marriage to Robert Thornton, and that she had been assured of his death by a Mr. William Blease. Her declaration was concurred in by a Mr. Roberts, who stated that about a month before her marriage W. Blease said that J. Pritchard was dead.

Counter claim by Richard Thornton, brother of deceased, who alleged that Pritchard was still alive; with statutory declaration by W. Blease, that he had never stated that J. Pritchard was dead, but that he had seen him (since the date of Robert Thornton's marriage) at Bristol under the name of William Phillips, and that under that name he was now living at Wells.

The Postmaster of Wells, by direction of the Controller, called on William Phillips, who stated (verbally) that such was his name, that his wife, Ann Phillips, was living with him, and that he had never married any one of the name of Janet.

Held, that the alleged bigamy of Janet Thornton was not established, and award that Richard Thornton was not shown to be entitled to the deposits.

7. Re Southwark Savings Bank and Deposits of Jane Hadley, deceased, in Trust for Richard Hadley; hearings, 29th April, 17th June 1881; award 20th June 1881.

Trust Account; Husband and Wife.-Deposit, 18th July 1853, by Jane Hadley, in trust for Richard Hadley. Jane Hadley died 3rd June 1880, and the money was claimed on the one side by Richard Hadley, on the other by Isaac Hadley, father of Richard Hadley, and husband of the deceased Jane Hadley, who was sole legatee under her will; the executors also supporting his claim.

The father's case was that the first deposit (of 281.) was part of a sum of 150l. paid to himself and his wife in 1853 as the price of the sale of a life interest of hers. He swore that he brought back the money from Walsall where it was paid; that he handed over more than 281. to his wife to invest, and told her to put it in the bank; that he gave her no authority to deposit it as a trustee; that certain further sums subsequently deposited were also given by him to his wife to invest; and that he never knew that his son Richard's name was in the trust till about 12 months before the hearing.

Richard Hadley, on the other hand, swore that the money proceeded from an aunt of his, Mrs. Tomlinson, who had given 307. for him to his mother, and other sums for his brothers; that his father would not have had the money. He admitted, with respect to a similar account opened by his mother in trust for another brother, Edwin Hadley, that he had, at her request, whilst Edwin Hadley was abroad, gone to the bank and personated him, signing his name. Edwin Hadley himself, who had originally claimed the money standing to the credit of Richard's account, on the ground of personation and forgery by the latter, in respect of his own account, confirmed Richard's story generally. Alfred Hadley, another brother, in trust for whom a similar account had been opened, swore that both from his aunt and mother he had heard that the 287. deposited in trust for Richard Hadley had been given to his mother for Richard Hadley's benefit by his aunt. He entirely denied his father's statement, that the sale of Jane Hadley's life interest took place in 1853, and swore that it only took place in 1868 or 1869. Edwin Hadley produced a letter from the mother, dated 23rd November 1866, showing that the business in question was not then completed.

Award, that the money was payable to Richard Hadley, with or without production of the deposit book, he indemnifying the trustees and managers of the savings bank against all claims by or on behalf of Edwin Hadley.

8. Re Rye Savings Bank and Deposits of Turk and Samson, in Trust for Denny;

award 2nd May 1881.

Deposit, 24th June 1854, by John Turk and John Samson, in trust for William Denny (whose true name appeared to have been William Charles Denny). No subsequent dealings took place with the account.

Samson died, October 1873; Turk, June 1875. Rebecca Anderson, sister of William Denny, residing in Victoria, Australia, made a statutory declaration, according to the laws of the colony, that after proper advertisements in various leading colonial newspapers within the last 18 years, offering 57. reward to anyone able to give authenticated information respecting W. C. Denny, living or dead, and after much private correspondence with several persons whom she thought likely to be able to enlighten her on the subject, she had had no tidings of any kind for 22 years of her said brother, whom she now sincerely believed to have been dead for many years.

Held, that Denny must be presumed to have predeceased both trustees, and award for payment of deposits to the executors or administrators of Turk as survivor of Denny and Samson.

9. Re Liverpool Savings Bank and Deposits of Catherine Richardson, deceased,
ex parte Wansey; award 16th May 1881.

Executor; Identity; Loss of Book.--Deposit made, 4th December 1871, by Catherine Richardson, of Hoylake, widow, who gave her age as 67, and stated that she was born at Lurgan. Statutory declaration by Annie Elizabeth Wansey, that she was a daughter of Catherine Richardson, deceased, formerly of Hoylake, who was born at Lurgan, and died 19th February 1881, aged 78 years; that she had always understood from her mother that she had an account in the Liverpool Savings Bank; that she had seen a letter, from the former trustee of her mother's settlement, stating that a few years before he had taken the book to the bank; that her mother had latterly been in the habit of moving about from place to place, during which movements the book was mislaid or lost; and that she was sole executrix to her mother (probate dated 7th April 1881).

Held, that the identity of Catherine Richardson, the depositor, with Catherine Richardson, the testatrix, was sufficiently established, and award made for payment to the executrix on production of the probate, with or without the deposit book.

10. Re Post Office Savings Bank and Deposits of M. M. Stoakes, ex parte Lee ;
hearing 20th May 1881; award 6th July.

Agent; alleged Payment by Mistake.-Deposit made, 6th July 1877, in the name of Marzella Mary Stoakes, a minor above two years of age, who signed the declaration in the presence of Samuel Lee. Claim by Lee to 127. 15 s. 7 d., part of the deposit, as having been paid in by mistake. According to his statutory declaration he had been requested by the administratrix to the depositor's father to get in the estate of the intestate, and to assist her in winding up his affairs, and had entered up the accounts for her. The net residue of the estate being 757. 5 s. 1 d., divisible in three shares, he had paid into the Post Office Savings Bank; to M. M. Stoakes' account, as her one-third share, 251. 1s. 8d., with computed interest, making 291. 2s., not recollecting that two sums of 14 l. 8 s. and 237. 18s. 9 d., of the value thereof, part of the estate, had been retained by the widow, and had never passed through his hands. On discovering his mistake he sued the widow for 25 l. 1 s. 8 d. as the amount of her share, which was paid into court. His statements were in part contradicted by the administratrix, who had married again. Held,

Held, that since on his own showing Lee had only acted as agent for the administratrix, and the sum paid in to M. M. Stoakes' account was no more than her lawful share, his claim, if any, was against the administratrix only. Award, that Lee was not shown to be entitled to any part of the deposits.

11. Re Sheffield Savings Bank and Deposits of Emma Hibbard, ex parte Sarah Hibbard; award 23rd May 1881.

Deposit in Wrong Name.-Deposit of 107., 23rd May 1876, in name of Emma Hibbard, who married George Pacey, and died 1879. Claim by Sarah Hibbard, widow and administratrix of James Hibbard, declaring that James Hibbard, being a depositor, had entrusted Emma Hibbard, 23rd March 1876, with 107. to deposit on his account, but she had deposited it to a separate account in her own name, which was only discovered when on her return she delivered over the book to Sarah Hibbard, Sarah Hibbard and Jane Riley, a sister of Emma Hibbard, both declared that it had been arranged between Emma Hibbard and James Hibbard, in their presence, that the money should be transferred to James Hibbard's account as soon as Emma Hibbard could go to Sheffield; that after her marriage Emma Hibbard, then Pacey, had proposed, in the two declarants' presence, to pay 107. to James Hibbard instead of making such transfer, to which he assented; that however, before her death, Emma Pacey had in the declarants' presence signed an authority to Sarah Hibbard to withdraw the deposit, but that such authority having been* only presented after her death, was destroyed as void by the actuary or clerk of the Savings Bank in their presence. Pacey was served with a copy of the declaration, but did not show cause against Sarah Hibbard's claim.

Award, that the deposits standing in Emma Hibbard's name were the proper moneys of James Hibbard, and payable to his administratrix.

12. Re Post Office Savings Bank, and Deposits of Sarah Bridgen, alias Mealey or Boone; hearing 27th May 1881; award 23rd June.

Married Woman; False Declaration.--Deposit made 2nd May 1872 in the name of Sarah Bridgen, widow. On 9th April 1860, Sarah Bridgen had married William Mealey, but after leaving him had, in 1868, gone through the ceremony of marriage with John Boone. She died 21st September 1880, and both Mealey and Boone claimed the deposits, Mealey as husband, Boone on the ground that they were his money. Both declared that they had not known of the deposits being made. Boone had paid 7 7. 9 s. for the funeral, but had received I l. 12 s. 6 d. The Post Office not insisting on the forfeiture by reason of the false declaration, award for payment of 5 l. 16 s. 6 d. out of the deposits to Boone, and of the balance to the personal representative of the deceased.

13. Re Prescot Savings Bank, and Deposits of Mary Nevilt; hearings 3rd June and 24th June 1881; award 2nd July.

Married Woman; Guardians of the Poor.-Deposits in name of Mary Davies, afterwards Nevitt. She applied to the board of guardians for relief, and a maintenance order was made, 9th October 1879, against her husband for 10 s. a week. This amount was paid to her by the relieving officer from 9th October 1879 to 2nd April 1881, to the amount of 38/. in all. After the second payment, application was made to the husband, who said that his wife had upwards of 40 l. in the savings bank, and eventually gave up her pass book about 19th March 1881. Mary Nevitt at last agreed to sign notice of withdrawal in favour of the relieving officer, but at the bank refused to do so.

Held, against the guardians, following previous decisions, that Section 16 of the 12 & 13 Vict. c. 103, did not apply to the case.

Eventually, award was made by consent of the depositress for payment of 12 7. out of her deposit account to her, and the balance to the guardians.

14. Re Sherborne Savings Bank, and Deposits of Elizabeth Aish, deceased; hearing 10th June 1881; award 21st June.

Separate converted into Joint Account; Administration.-Account in name of Elizabeth Aish, widow, whose daughter, Harriett Aish, had also an account in her own name. On 9th March 1871, with a view, it was stated, to providing for the daughter, who was an invalid, the name of Harriett Aish was added to Elizabeth Aish's account, the sum of 30 l. then standing to the credit of Harriett Aish being paid into the joint account, and her separate account being closed. Elizabeth Aish became herself bedridden, and till her 373.