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The Inscription of Stock Amendment Act.-1895.
ficate or coupon, or any blank form, or any part thereof, or shall knowingly have in his possession any such plate, wood, stone, or other material on which shall be engraved any stock certificate or coupon or blank form, or any part thereof, or any paper on which shall be made or printed any stock certificate or coupon, or blank form, or part thereof, or shall knowingly dispose of or put off any such paper, shall be guilty of felony, and, being convicted thereof, shall be liable to be imprisoned for any term not exceeding eight years with hard labor.
11. Whosoever shall wilfully make any false entry in any stock False entries in stock register or other book kept for the inscription of stock shall be register. guilty of a misdemeanor, and, being convicted thereof, shall be liable to be imprisoned for any term not exceeding two years with hard labor.
12. Notwithstanding anything contained in "The Public Pur- Amendment of Act poses Loan Act, 1892," the Treasurer may issue bonds in lieu of No. 549 of 1892. stock for any portion of such loan as is thereby authorised.
In the name and on behalf of Her Majesty, I hereby assent to this Bill.
S. J. WAY, Lieutenant-Governor.
Transfer of colonial stock to which this Act applies.
Closing of register for dividend.
Dividends in case of infancy, &c., of a joint stockholder.
5 & 6 Will. 4., c. 62.
Stock certificate to bearer.
The Inscription of Stock Amendment Act.—1895.
Sections 4 to 7 and 9 (in part) to 18 of "The Colonial Stock Act, 1877," 40 & 41 Vict., ch. 59, as follow:
Transfers and Dividends.
4. Colonial stock, to which this Act applies, while inscribed in a register kept in the United Kingdom, shall be transferred as follows:
(1) The transfer shall be made only in the register, and shall be signed by the transferor, or, if he is absent, by his attorney thereunto lawfully authorised by some writing executed under his hand and seal and attested:
(2) The transferee may, if he thinks fit, underwrite his acceptance of the
(3) The executors or administrators of a deceased stockholder shall alone be recognised by the registrar as having any title to the stock or any dividend thereon:
(4) The person becoming entitled to any stock or dividend thereon in consequence
of the death, bankruptcy, or marriage of the stockholder, or of any devolution in law from the stockholder or otherwise than by transfer of the stock, shall produce such evidence of his title as may be reasonably required by the registrar, but the person so becoming entitled to any stock may transfer such stock to another person without being registered himself.
5. The registrar may, for such period not exceeding fourteen days as he may from time to time fix previous to each payment of dividend on any colonial stock to which this Act applies, close the register of that stock as regards transfers, upon giving not less than seven days' notice of such closing by advertisement in some newspaper circulating generally in the place where the register is kept.
The persons who on the day of such closing are inscribed as stockholders shall, as between them and their transferees of colonial stock, be entitled to the dividend then next payable thereon.
6. Where colonial stock to which this Act applies is standing in the name of an infant or person of unsound mind jointly with any person not under legal disability, a letter of attorney for the receipt of the dividends on the stock shall be sufficient authority in that behalf, if given under the hand and seal of the person not under disability, and attested.
The registrar, before acting on the letter of attorney, may require proof to his satisfaction of the alleged infancy or unsoundness of mind, by the declaration of competent persons made under the "Statutory Declarations Act, 1835,” or in such other manner as he may reasonably require.
Stock Certificates to Bearer.
7. The registrar, if so authorised by the Government of a colony issuing stock to which this Act applies, shall, on application and payment of the fees and stamp duty, if any, chargeable in respect of the certificate, grant to a stockholder a certificate (in this Act called a stock certificate to bearer), which shall entitle the bearer to the stock therein described, and shall be transferable by delivery.
There shall be attached to such certificate coupons entitling the bearer of or person named in the coupons to the dividends on the stock for a limited period.
Any stock in respect of which a stock certificate to bearer has been so issued shall, so long as such certificate is outstanding, cease to be dealt with through the medium of the register.
A coupon so issued shall be deemed to be a cheque on a banker within the meaning of any law or enactment for the time being in force relating to cheques other than any enactment relating to stamp duties.
The Inscription of Stock Amendment Act.-1895.
9. On the expiration of the period for which the coupons attached to a stock Renewal of coupons or certificate to bearer have been issued under this Act, the certificate may be exchanged for another certificate with coupons for a further period.
10. On delivery to the registrar of a stock certificate to bearer issued under this Act, and of all unpaid coupons belonging thereto, the registrar shall enter the bearer in the register as proprietor of the stock described in the certificate, and thereupon that stock shall become transferable, and the dividends thereon payable, as if no stock certificate to bearer had been issued in respect of that stock.
11. If the bearer of a stock certificate to bearer issued under this Act insert therein the name, address, and quality of some person, such certificate shall cease to be transferable, and the person so named or some person deriving title from him by devolution in law shall alone be recognised by the registrar as entitled to the stock described in the certificate, and shall be entitled to be entered in the register as proprietor of that stock in like manner as if he were the bearer of a stock certificate to bearer, but if deriving his title by devolution in law he shall produce such evidence of his title as the registrar may reasonably require.
12. A trustee shall not apply for or hold a stock certificate to bearer issued under Trustee not to apply this Act, unless expressly authorised to do so by the terms of his trust. But this for stock certificate to provision shall not impose on the registrar an obligation to inquire whether a person applying for a stock certificate to bearer is or is not a trustee, or subject the registrar to any liability in the event of his issuing a stock certificate to bearer to a trustee, or invalidate any stock certificate to bearer issued
13. If any stock certificate to bearer issued under this Act is lost, mislaid, or Loss of stock certificate destroyed, the registrar shall, on such indemnity being given as he may reasonably require, and on payment of the expense of the issue, issue a fresh stock certificate to bearer in the place of the certificate so lost, mislaid, or destroyed.
14. Stock described in a stock certificate to bearer issued under this Act shall, save as relates to the mode of transfer and payment of dividends, be subject to the same incidents in all respects as if it had continued to be transferable in the register.
The registrar shall give, within a reasonable time after application, a certificate stating the following particulars in relation to any colonial stock of which he is registrar, or any part of such stock, or such of those particulars as may be required by the applicant, namely
(a) The total amount issued by the colony and the total inscribed in the register; and
Conversion into nominal
cate to bearer.
(b) The total number of the persons in whose names the stock or part is originally inscribed, or, after the register of such stock or, part has been once closed as regards transfers, the total number of the stockholders at the last preceding date at which the transfer books were closed; and
(c) The total number of each class of persons in whose names the stock or part is
15. No notice of any trust in respect of any colonial stock, or of any certificate Notice of trust. thereof, or of any coupon annexed to such certificate, shall be entered in the register or receivable by the registrar, or by the Government of the colony.
16. The registrar may, before the inscription of any stock, make, with respect to the transfer of such stock, or otherwise in relation to such stock, reasonable regulations not inconsistent with the provisions of this Act.
A printed copy of the documents containing the authority for and conditions of the issue of stock to which this Act applies, and of all regulations with respect to the transfer of such stock or otherwise in relation to such stock, shall be entered in the register of the stock.
17. The register kept in pursuance of this Act shall on its mere production from Register to be evidence. the cus cody of the registrar be evidence of all matters entered therein, and, as regards persons entered therein as proprietors of colonial stock to which this Act applies, of the title of those persons to that stock.
18. The registrar shall keep in a separate book a list of the stockholders on whose Information to be given stock the dividends have been unclaimed for ten years, together with their registered respecting register. addresses and description, and such book shall be open for inspection at the usual hours of transfer upon payment of such fee not exceeding Two Shillings and Six Pence as may be fixed by the regulations.
originally inscribed, or, after the register of the stock or part has been once
Conversion of stock
Stock in certificate to
bearer to have incidents
of other stock, except as
to transfer, &c.
Entry in register of
The Inscription of Stock Amendment Act.-1895.
(d) A copy or extract, certified by the registrar or by some officer appointed for the purpose to be a true copy or extract, of any conditions or regulations required by this Act to be entered in the register.
Provided that the registrar shall not be required to give any such certificate in relation to any colonial stock or part of such stock until after the expiration of one month after the stock or part of the stock to which the certificate relates has been inscribed.
Within a reasonable time after the application of any person who is a stockholder of any colonial stock to which this Act applies, the registrar shall give him a list of the registered names and addresses of the stockholders of such stock at the last preceding date at which the register was closed as regards transfers.
The registrar, before giving a certificate or list under this section, may require payment of such fee, not exceeding Five Shillings, and a further sum of Two Pence for every folio of seventy-two words, or, in the case of a list of names and addresses, of Six Pence for each name and address, as the registrar may from time to time fix. Any certificate or list given under this section shall be admissible in evidence.
Adelaide By authority, C. E. BRISTOW, Government Printer, North-terrace.
ANNO QUINQUAGESIMO OCTAVO ET QUINQUA-
An Act to amend the Law with respect to Wills.
[Assented to, October 22nd, 1895.]
E it Enacted by the Governor of the Province of South Australia, with the advice and consent of the Legislative Council and House of Assembly of the said province, in this present Parliament assembled, as follows:
1. Every will and other testamentary instrument made out of the Province of South Australia (whatever may be the domicile of the person making the same at the time of making the same or at the time of his or her death) shall, as regards personal estate, be held to be well executed for the purpose of being admitted in the said province to probate if the same be made according to the forms required either by the law of the place where the same was made, or by the law of the place where such person was domiciled when the same was made, or by the laws then in force in that part of Her Majesty's dominions where he had his domicile of origin.
Wills made out of South Australia to be according to the law made, &c.
admitted if made
of the place where
24 & 25 Vict., ch.
114, sec. 1.
2. Every will and other testamentary instrument made within the Wills made in the Province of South Australia (whatever may be the domicile of the province to be adperson making the same at the time of making the same or at according to local the time of his or her death) shall, as regards personal estate, be usage. held to be well executed, and shall be admitted in the said province Ib., sec. 2. to probate if the same be executed according to the forms required by the laws for the time being in force in the said province.