Part 7
For making use of the Orders' (Cheque and Clearing) Service, besides the fees at present existing--under which are included the fee of 2 kreutzers the cheque, already fixed by § 8 of the Law of November 19^{th} 1887, and according to rule the equivalent of the cost price of the various printed documents furnished to participants in the service,--the under mentioned fees will be taken:
1. A record-fee of 2 kreutzers for each official act with reference to the account (Deposit, Assignment, Entering to Credit or Debit);
2. A commission on each entry to the debit up to the sum of 3,000 florins at the rate of 1/4 the thousand, and 1/8 the thousand for sums exceeding that amount.
These fees will be taken by writing them off the account.
From the commission, however, are free:
_a_) The Debit Entries in the Clearing Service;
_b_) Sums sent by means of Post Office Orders through the Post Office Savings Bank;
_c_) Sums written off in the Cheque Service on account of a purchase of State-bonds made for a participant, finally;
_d_) Every entry of fees, commissions, etc. in favour of the Post Office Savings Bank.
§ 11.
The Post Office Savings Bank will keep for three years the accounts, documents and writings in the Orders' (Cheque and Clearing) Service relating to business concluded; it can only therefore give consideration to claims with reference to payments in, assignments, payments back, interest and fees, etc., when they come within this period.
To claims which refer to a Post Office missive (Paying in Order, Post Office Order, Registered Letter and the like) the Post Office regulations as to the time in which such claims can be made will apply.
§ 12.
The foregoing regulations §§ 5 to 11 apply from the time this ordinance comes into operation, and will also apply from the same time to all deposits already made in the Orders' (Cheque and Clearing) Service, (§ 11 of the Law).
§ 13.
The Officials of the Post Office Savings Bank and of the Receiving Offices are bound by duty to keep the business and official secrets, and not to give to any third person, except their superiors, any kind of information whatever with reference to the name of a depositor, to the sums paid in or paid back, or to the amount of the balance in hand.
FINAL REGULATIONS
§ 14.
The Receiving Offices of the Post Office Savings Bank will receive at the End of each calendar year an indemnity for business done in the Post Office Savings Bank Service.
This indemnity amounts to:
_a_) Two kreutzers at the close of each year for every deposit-book issued at the Receiving Office in question during the year and then existing.
_b_) One and a quarter kreutzer for every payment during the year effected at the Receiving Office in question, into the Savings Service and into the Orders' (Cheque and Clearing) Service.
§ 15.
This Ordinance will come into force at the same time as the Law of November 19^{th} 1887 (R. G. Bl. N^o 133).
IV
Instruction concerning the Savings Service of the Post Office Savings Bank.
1.--_Receiving Offices._
All post offices in the kingdoms and lands represented in the Imperial Council are appointed to be Receiving Offices of the Post Office Savings Bank, and have daily during the prescribed hours to carry out the Post Office Savings Bank Service. They receive deposits, effect payments back, give information about all branches of the Post Office Savings Bank Service, and in connection with this Institution, aid the depositors in every way.
2.--_Depositors and Payers._
Any one can become a Depositor in the Post Office Savings Bank and obtain a deposit-book, or cause another person to obtain one, upon making, in conformity with the regulations, a payment at a Receiving Office, of a given sum within the prescribed limits.
Societies, Unions, Cooperative Associations and persons having a legal position are competent depositors in the Post Office Savings Bank.
The person in whose name the book has been issued is to be regarded as the Depositor.
No Depositor is permitted to obtain, or cause to be obtained on his behalf, more than one deposit-book issued in his name; on the other hand every one is free, beyond their own deposit-books, to obtain for other, wholly distinct persons, deposit-books and to pay in deposits on their behalf.
Whoever in favour of another,--the depositor,--pays in the first payment and signs the deposit-book in his name is called the Payer.
Any one can be a Depositor who can read and write. Minors no more than persons having a legal position are debarred from being depositors.
The Post Office Savings Bank regards the Payer as empowered in the name of the Depositor to dispose of the balance to his credit as long as the latter has not informed the Post Office Savings Bank that it is against his will.
This can be done by the Depositor signing his own name in the deposit-book at a post office.
The admission of the signature can take place:
_a_) In the presence of and with the consent of the Payer;
_b_) Without the intervention of the Payer.
In the first case the Payer confirms the authenticity of the signature, in the second case the Depositor has to establish his own personal identity.
3.--_The Deposits._
The smallest deposit is 50 kreutzers, larger deposits must be a multiple of that sum.
In order to render possible the saving of smaller sums than 50 kreutzers, Post Office Savings Cards have been issued.
Post Office Savings Cards are cards imprinted with a postage stamp of 5 kreutzers, and having the necessary room to fasten on further stamps; these cards are sold at all Post Offices, and by all postage stamp vendors on payment of the value of the imprinted stamp. Such a Post Office Savings Card with stamps fastened on to the value of 50 kreutzers will be accepted at the Receiving Offices of the Post Office Savings Bank as a deposit.
One and the same depositor can only be permitted to bring for deposit three Post Office Savings Cards during one week, either singly or at the same time.
The balance of a depositor in paid up deposits and capitalised interests is not permitted to amount at any time to more than 1,000 florins.
The Depositor must with the first deposit inscribe his signature in the place appointed on the third page of the deposit-book and must further give an account of his calling or occupation, the place, day, month, year of his birth, as well as the place where he lives and his address. He must moreover sign with his own hand the so-called «_Gegenschein_» (Counter-certificate) to be found in the deposit book. And he himself choose a given private «Watchword» (_Losungswort_) and inscribe it in the appointed place in the counter-certificate.
The result of this will be that payments back in the customary way can only follow on giving this watchword.
A person who cannot write is obliged to bring with him a witness who authenticates the depositors mark by his own signature. To those known personally to the Post Office official, or, who identify themselves by means of a certificate of domicile, a passport or a work-or service book, the Post Office official can himself become the witness.
In the case of Societies, Unions, Cooperative Associations and persons having a legal position either the bringer of the first deposit can give his signature and be then regarded as the Payer, or no signature will be received. In the latter case nothing can be done with reference to the deposits until the Payer by means of an official document, N^o 14, signifies to the Post Office Savings Bank who will be authorised to give notices of withdrawals and to collect payments.
Subsequent payments can be effected on each book at any office without further notice and without its being necessary for the person to come personally.
Every deposit must be at once entered in the deposit-book by the Post Office official and this entry is to be certified by the imprint of the Receiving Offices stamp of the day and the signature of the Post Office official. The Depositor (Payer) is bound before leaving the office to examine the entries sufficiently so as to see that they are correct.
Deposits are also received from Rural Agents to the limit of 300 florins for each deposit-book and for each commission bought. Deposits up to 5 florins pay no fee. For deposits of more than 5 florins a receiving-fee of 5 kreutzers is charged.
The Post Office Savings Bank receives from Depositors, Coupons of Austrian Bond falling due and enters the proceeds in the deposit-book and to the depositors account.
To this end the coupons together with the deposit-book are either to be given in at the Bank of the Office, or forwarded post-paid to the Post Office Savings Bank at Vienna.
Each single coupon given in or forwarded must have legibly written on the back, the number of the deposit-book and the depositor's name, if not, a list of the sorts and numbers of the coupons as well as the number of the deposit-book will have to be given.
For receiving the coupons the Post Office Savings Bank charges a commission of 1 kreutzer the coupon, which will be deducted from what it produces.
The sending-back of the deposit-book will be post free.
It is moreover allowable when a depositor has to receive at a post office not dependent on the Treasury a sum by order,--whether it be an ordinary post office order, or a repayment--or transfer post-office order, or finally by a pay-order in the cheque service of the Post Office Savings Bank, not to pay the same in cash, but have it immediately entered in the deposit-book.
4.--_Acknowledgments of Receipts._
Beyond the entry which the Post Office Service makes in the deposit-book, the depositors receive, and so, relatively, payers, upon each deposit an acknowledgment of receipt from the Post Office Savings Bank at Vienna, forwarded every time to their address or to _poste restante_ as they desire. Should this acknowledgment of receipt not have reached a depositor within 14 days, or should it contain some errors with reference to the sum or name or in some other way be erroneous, the depositor has to find in his deposit-book, «Complaint», and to separate the paper, fill it in conformity with the case, and to forward it in an envelope, N^o 42^o, which he will receive gratis at any post office.
Other blank forms of complaint are gratuitously supplied at every post-office.
For entries of interest and coupon the Post Office Savings Bank does not give receipts.
5.--_Replacement of Lost, Spoiled or Filled in Deposit-books._
Should a deposit-book be lost, the loser must notify the fact to the Post Office Savings Bank at Vienna, on a printed form, supplied gratuitously at every Receiving Office, stating the peculiar marks of the lost book as exactly as he can possibly remember them, also the particular circumstances under which the loss took place, as well as his full address, enclosing at the same time 10 kreutzers in postage stamps and the notice of withdrawal book, requesting that a duplicate of the deposit-book lost may be given him. Should the notice-book be also mislaid, this is to be notified on the printed form and the sum of five kreutzers added for a new notice-book.
The Post Office Savings Bank notes down the loss and until further notice makes no payment on the lost deposit-book.
Meanwhile arrangements will be made for its annulment and if during the space of a month no claim is raised, a duplicate book will be issued and forwarded.
If no room can be found in a deposit-book for further entries, or it has become torn or so dirty as to become useless, the depositor has to send it with the printed form, N^o 11, properly filled up to Post Office Savings Bank at Vienna for exchange. Books filled up will be exchanged gratuitously, for a spoilt book, however, the sum of 10 kreutzers is to be added to the request. In case the notice book is also spoilt, the sum of 5 kreutzers is to be added for issuing a new one.
6.--_Interest._
Deposits begin to yield interest at three per cent per annum from one florin upwards.
Interest begins from the 1^{st} or from the 16^{th} day of the month which follows on the deposit and ends with the 15^{th} or with the last day of the month which precedes the arrival of the notice of withdrawal from the Post Office Savings Bank.
On December 31^{st} of each year the interest accruing will be added to the capital and from that time it will, in like manner bear interest.
To each depositor, the Post Office Savings Bank sends at the close of the year an interest-order, valid for two months with an announcement of the amount of interest which has accrued to him for the year ending December 31^{st}. The depositor must cause the amount of this interest to be entered in his deposit-book within the prescribed two months, on presentation of the interest order at some Receiving Office.
If a depositor has not within the time allowed caused the entry of the capitalised interest to be effected as per order received, he does not lose the interest, only he has to forward his book to the Post Office Savings Bank for the purpose of having it entered there.
The determination of § 1480 of the general Civil Code according to which claims on arrears of interest lapse after three years, do not apply to the interest on deposits in the Post Office Savings Bank.
With reference to the lapsing of Post Office Savings Bank deposits the general legal decisions are valid.
This lapsing will be arrested by any fresh deposit, by any fresh notice or by any fresh entry of interest in the deposit-book.
7.--_Notice of Withdrawal._
A depositor or the legal successors or authorised agents of a depositor are entitled at any time to require through the prescribed notice the payment back of any part of the deposit or the whole deposit. Sums less than a florin can, however, only be recalled if the deposit-book proves that the total amount deposited does not exceed the amount recalled. Notice of withdrawal is given on a special document, that is on a leaf out of the notice-book which the depositor receives gratuitously at the same time as the deposit-book. These leaves are to be detached according to the order determined by the numbers printed on them, to be duly filled up and forwarded undercover (document N^o 42^b) to the Post Office Savings Bank.
For the Notice of Withdrawal the following rules are to regarded:
1. The Notices must always bear the signature which according to instructions was received in the deposit-book, or communicated to the Post Office Savings Bank on document N^o 14.
2. The address to which the order should be sent must, where _poste restante_ is stated, in every case give the receiver's full name. Addresses in figures cannot be used, because they are not allowed on registered letters, and the orders for payment are always sent for the greater security of the depositor by registered letter.
3. The watchword chosen by the depositor must be added to the Notice.
If the Depositor has forgotten his watchword he can at any Receiving Office desire the issuing of a request to make it known to him anew. To obtain this favour he must present his deposit-book to the Post Office officials and prove himself the Depositor (Payer). In case he is not personally known to the officials, he must bring some witness who is known to them, or a document capable of giving this proof (passport, certificate of being naturalised, Work-or Service-book).
4. If the Depositor cannot write he must add his mark to the notice-form and this mark must be attested by a witness.
Should the witness be the same one who attested the Depositor's signature on the Counter-cheque and in the Deposit-book, the Notice with the mark of the Depositor and the signature of such a witness can be sent without further delay to the Post Office Savings Bank.
But should the signature of this person be no longer adducible, the Depositor has himself to go to a Receiving Office and establish his own identity.
In the case of depositors who cannot write but have a watchword, its declaration and the attestation of the mark by any witness is enough.
The right is reserved to give Notice to withdraw the balance to the Depositor's credit and to give a receipt for the same to the Official Assignee, should the depositor fail,--to the Guardian appointed by the authorities, should the depositor become incapable of managing his affairs,--to the executor of the estate with relation to the person to whom the right of inheritance to the deposit-book belongs should the depositor die. The persons designated, are required to address their memorials direct to the Post Office Savings Bank, sustained by the documents necessary to form a judgement of the case together with the deposit-and notice-books. The deposits of a deceased Depositor are to be withdrawn in full by notice from the person who has the right of inheritance.
If a Notice-book has been used up, or in any way has become useless, or a depositor has lost his notice-book, he can on form N^o 5^d which will be supplied at all post offices gratuitously, request the Post Office Savings Bank to forward him a new Notice-book.
In the case of Notice-book lost or spoilt the sum of five kreutzers must be added in postage-stamps; in that of an ordinary used up Notice-book, a new one will be substituted gratuitously.
8.--_Repayment._
Consequent on the Notice of withdrawal the Post Office Savings Bank sends to the Depositor, to the address he has named Payment-order valid for two months.
The order is sent as a rule by return of post, but in any case soon enough for the repayment to take place within the limit named by the Law of May 22^{nd} 1882:--upon notice of sums between 10 and 100 florins within 15 days, upon notice of sums between 100 and 500 florins at the latest within a month, and finally, upon notice of sums over 500 florins, at the latest within two months of the arrival of the notice at the Post Office Savings Bank.
On delivery of this order, _the Depositor, in the presence of the Post Office Official, putting his signature in receipt to the Payment Order_, and on producing the deposit-book, in which the sum paid back will be entered by the Post Office official and deducted from the sum total of the balance, the repayment to the depositor will follow at the pay-counter.
The Depositor can authorise any person he pleases to receive payment of a sum thus withdrawn by notice. If he possesses a watchword he needs only to duly fill in the form, N^o 15 (authorisation) and to give or send it by the person authorised with the deposit-book and the payment-order. On this person presenting the authorisation and signing the payment-order, and at the same time presenting the deposit book, the sum will be paid.
But the Depositor can in like manner also request in the Notice that the payment-order be sent to the person he has authorised to receive it and whose address he has given. Then the Depositor sends the deposit-book together with the authorisation to the person he thus authorises to receive the payment. But for payment of the sum the person thus authorised must, if not personally known to the post office officials, produce a document for his identification or establish his identity by bringing with him a witness.
For authorisation without the watchword, the legalisation of the signature of the withdrawer, either in a law court or by a notary is requisite.
9.--_Repayments without delay._
But also without having to send a previous notice to the Post Office Savings Bank, a Depositor (Payer) can at once at any post office obtain repayments of sums from 1 to 20 florins.
Repayments can be made without delay on producing the notice drawn out according to the regulations together with the last acknowledgment of receipt or abstract of the credit account with at the same time an entry of the sum in the deposit-book.
Repayments made without delay are not allowed on authorisations, also the whole balance of the depositor's account cannot thus be withdrawn, but a sum of at least 50 kreutzers must remain in the book. This sum as well as the interest can then in the usual way be withdrawn by notice.
After each repayment made without delay, the depositor receives a statement from the Post Office Savings Bank with reference to his remaining balance (Statement of Credit-account), on the ground of which he can again obtain a repayment without delay.
Repayments without delay cannot be made with reference to annulled deposit-books, or, with reference to deposit-books concerning which a protest, recognised by the Post Office Savings Bank has been made.
The Post Office Savings Bank sends out no acknowledgements of receipt upon entering and carrying to the depositor's credit, interest and coupons,--the last receipt or statement of balance of account is therefore valid for a repayment made without delay; but the sum to be repaid must not include the credited interests or coupons.
After repayments in the usual manner or after such payments as the Post Office Savings Bank at Vienna itself makes as well as after other debit entries in the deposit-book, as for example purchases in the stocks, no statement with reference to the remaining balance is given, the acknowledgement of the receipt of the last deposit remains therefore in like manner valid until the next repayment made without delay.
In the same way a statement with reference to the remaining balance retains its validity without regard to these repayments or debit entries, until in its place comes another acknowledgment of receipt in consequence of a new deposit, or a new statement with reference to the balance of the account in consequence of a new payment made without delay.
It is evident of itself that a higher sum than the balance remaining at the depositor's disposal after deduction of the last repayment and entered in the book cannot at any time be paid.
Should it happen that owing to the Post Office Service the acknowledgment of the receipt of the last deposit has not come into the depositor's hands, the previous receipt-acknowledgment, or statement of balance will be considered valid; the last deposit, not yet confirmed cannot however be included in the payment requested.
If after a payment made without delay there remains less than 1 fl. 50 kr. to the credit of the depositor, the Post Office Savings Bank will issue no statement of the balance of the account, since in such a case there can be no further payment made without delay until there has been a new deposit paid in followed by an acknowledgment of receipt.
At the bank of the Post Office Savings Bank at Vienna repayments can be made without delay every day from 8 o'clock in the morning until 6 o'clock in the evening (on Sundays and holidays from 9 until 12 at noon) without regard to the amount of the sums required.
To this end it is necessary to present at the Cashier's sliding window the Notice-paper filled in and signed by the person empowered to do this together with the deposit-book; bringing the last receipt acknowledgment or statement of balance is not requisite.
For sums above 20 florins, the depositor, in case he has no watchword must prove his own identity.
10.--_Business in the Public Funds._
When the Savings account of a depositor's exceeds 1,000 florins, the Post Office Savings Bank is obliged to request the depositor by a registered letter to lessen the amount of his saved up capital.
If within a month after the request the depositor has not lessened the amount of his capital, there will at the expiration of the time, be bought on his account in the course of the day, bonds of the only stock issued in notes, to the amount of the sum required to reduce the account to 1,000 florins, in any case for the nominal sum at least of 200 florins.