H Jr 131 , PI 3 (Form No. 3349.) P. S REGULATIONS FURTHER DEFINING RIGHTS OF HOLDERS OF UNITED STATES WAR-SAVINGS CERTIFICATES. !/S, Post OFFICE DEPARTMENT, Washington, March 7, 1918. - To all postmasters and postal employees: Attention is directed to the following additional regulations of the Treasury Department affecting War-Savings Certificates. The regulations (in small type), together with instructions of the Post Office Department for carrying them into effect (in large type), will be observed by postmasters and postal employees. - I. CERTIFICATES NOT PRESENTED AT MATURITY. 1. War-Savings Certificates shall not bear interest after maturity, January 1, 1923. II. LOST OR DESTROYED CERTIFICATES. 1. A War-Savings Certificate which has been lost or destroyed will not be paid nor will a duplicate thereof be issued, unless the certificate has been registered in accordance with the regulations and instructions issued by the Postmaster General. In the event of the loss or destruction of a registered certificate, the registrant may apply to the post office where the certificate was registered, on forms prescribed by the Postmaster General, either for the issuance of a duplicate certificate or for the payment thereof. On being satisfied of the facts as to loss or destruction, the Secre- tary of the Treasury will, after not less than three months have elapsed from the time of application, authorize payment, or the issuance to the registered owner of a duplicate vertificatº, to brº marked, on which chall he noted the number of registered stamps affixed to the original certificate, with the proper notations of registration. Such certificate shall receive a new registration number. The Secretary of the Treasury may in special cases where he deems the facts warrant such action, require the claimant to give a bond of indemnity with approved sureties against any claim that may thereafter be made on the old certificate. The duplicate certificate when issued shall stand in the place and stead of the original lost or destroyed certificate for all purposes. After the issuance of a duplicate certificate, the original shall cease to have validity for any purpose, and if recovered shall be returned to the post office of registration for can- cellation. No duplicate certificate will be issued after maturity of the original. A. When notified of the loss or destruction of a registered certificate the postmaster shall furnish the owner a blank application (Form W. S. 3353) for payment of the certificate, or for the issuance of a duplicate, as the owner may elect, but shall not furnish him with any of the information on the registration card. The affidavit to the application shall not be sworn to before the postmaster or any of his subordinates. B. When the application is returned properly executed the postmaster shall forward it, together with the applicant's registration card, to the Third Assistant Postmaster General (Division of Stamps) for instructions. - III. CREDITORS’ RIGHTS. 1. Payment of registered or unregistered certificates shall be made to the owner named thereon notwithstanding any lien, attachment, trustee process, garnishment, judgment, receivership, levy, execution, order, decree, or similar process of law, equity, or in bankruptcy directed against the owner thereof, but nothing herein contained shall excuse the owner from full compliance with, or performance of, any lawful judgment, order, or decree of a court of competent jurisdiction with reference to disposition of the proceeds of the certificate. Collection of the certificate by the owner pursuant to such judgment, order, or decree will be deemed a payment received on behalf of the owner and not for any other person within the language of the receipt printed on the certificate, notwithstanding that the owner is, by such judgment, order, or decree, required to pay the proceeds to another person. Neither the United States of America nor any officer or employee thereof shall be a proper or necessary party to any suit or action with reference to such certificate or the proceeds thereof nor be bound by any judgment, order, or decree rendered or entered therein. –4*-is- 2 A. When a postmaster is served with a notice or legal papers in connection with a claim made or proceedings instituted by a creditor of the owner of a registered or unregistered cer- tificate, he shall withhold payment and immediately forward the papers, together with a state- ment of facts in the case, to the Third Assistant Postmaster General (Division of Stamps) for instructions. IV. HOLDING OF CERTIFICATES BY CORPORATIONS, PARTNERSHIPS, AND OTHERS. 1. War-Savings Certificates may be issued in the name of and held by corporations, partnerships, associations, or joint-stock companies and may be registered by such holders. 2. Payment of a certificate registered in the name of a corporation, partnership, association, or joint-stock com- pany shall be made to any officer or agent designated on the registration card to receive payment or to any other officer or agent presenting proof satisfactory to the Secretary of the Treasury of his or her authority to receive payment. A. Before registering a War-Savings Certificate in the name of a corporation, association, or joint-stock company, a letter shall be filed with the postmaster by the organization, signed by its president and secretary, or officers of like general authority, designating an officer or an agent to receive payment of the certificate. The person so designated shall prepare Form W. S. 110 at the post office by writing the name of the corporation, association, or company on the line for “Name of applicant,” followed by the street address, city, and State of the organiza- tion, and the date of the application, and shall sign the form on the line for “Signature or (X) mark of applicant” in his representative capacity: for example, “John Jones, Treasurer,” or “Richard Worth, Agent.” The postmaster shall write across the face of the registration card the name of the officer or agent designated to receive payment and the date of the letter of designation: for example, “Payable to John Jones, Treasurer. See letter of January 2, 1918.” B. Before registering a War-Savings Certificate in the name of a partnership, a letter shall be filed with the postmaster, signed by all the partners, designating one of their number or an agent to receive payment of the certificate. Form W. S. 110 will be prepared by the partner or agent at the post office in the manner prescribed for organizations in the preceding paragraph, except that the person designated will sign the form in his representative capacity: for example, “John Smith, one of the firm,” or “Richard Brown, Agent.” The postmaster shall write across the face of the registration card the name of the partner or agent designated to receive payment, and the date of the letter of designation: for example, “Payable to John Smith, one of the firm. See letter of January 2, 1918.” C. The designation of the officer, partner, or agent to receive payment shall be attached to the registration card. - D. When demand is made for payment of a War-Savings Certificate registered in the name of a corporation, partnership, association, or joint-stock company, by a person other than the designated officer, partner, or agent of record, the postmaster shall withhold payment and report the facts to the Third Assistant Postmaster General (Division of Stamps) for instructions. W. FIDUCIARIES. 1. Certificates shall not be issued or registered in the names of fiduciaries in their representative capacities. Should any such certificate be issued or registered, it will be deemed to be held by the person named thereon in his or her individual capacity, and all words of description or of representative capacity shall be disregarded. WI. CERTIFICATES ISSUED TO TWO PERSONS. 1. War-Savings Certificates may be issued and may be registered in the names of two persons (but not more than two) in the alternative, as, for instance, “John Jones OR Mary Jones.” Such certificates shall be payable to either person named thereon without requiring the signature of the other person and to the survivor of them without proof of the other person's death, and upon payment to either person the other shall cease to have any interest therein. No other form of certificate in the names of two persons is authorized. In registering certificates issued in the alternative both persons named thereon shall fill out registration cards. In determining whether the $1,000 limitation on the holdings of a single person has been exceeded, the full maturity value of certificates held with any other person shall be added to the full maturity value of certificates held individually, and the sum must not exceed $1,000. . 3 VII. INFANT HOLDERS OF WAR SAVINGS CERTIFICATES. 1. A War-Savings Certificate held by an infant who is capable of filling out and signing a registration card may be registered by such infant. 2. A War-Savings Certificate held by an infant who is incapable of filling out and signing a registration card may be registered in the name of such infant by one of such infant's parents or by a duly appointed guardian for such infant or by a person with whom such infant resides, the name of the infant to be signed by the representative, as, for instance, “Mary Smith by John Smith, her father.” - 3. If a guardian of the property has, to the knowledge of the postmaster from whom payment is demanded, been appointed for an infantholder of a War-Savings Certificate, payment of the certificate, whether registered or unregistered, shall be made only to such guardian. 4. If an infant holder of a War-Savings Certificate (registered or unregistered) for whom no such guardian has been appointed, to the knowledge of the postmaster, is, at the time payment of such certificate is demanded, of sufficient competency and understanding, in the opinion of the postmaster, to sign his or her name to the receipt and to compre- hend the nature thereof, payment shall be made directly to such infant owner. In the event that such infant is not, in the opinion of the postmaster, of such competency and understanding, payment shall be made to either parent of the infant with whom the infant resides, or, in the event that such infant resides with neither parent, then to the person with whom such infant resides. In receipting for the money, the representative shall sign the infant’s name as well as the name of such representative. 5. Issuance of a duplicate for, or payment of, a lost or destroyed certificate which has been registered in the name of an infant shall be to the infant or to a representative, as hereinabove provided, upon compliance with the regulations respecting lost or destroyed certificates. A. As used in the foregoing regulation, the term “infant” (minor) refers to a child who has not reached the age of majority under the laws of the State or Territory in which the child resides. In most of the States the age of majority is 21 years for both sexes. In several States the age for females is 18 years. B. When payment of a War-Savings Certificate, registered or unregistered, is demanded by an infant holder and the postmaster is of the opinion that the infant is not of sufficient com- petency and understanding to sign his name to the receipt and to comprehend the nature of the transaction, or when payment is demanded by the infant holder and the postmaster has been notified, or has reason to believe, that a guardian of the property of the infant has been appointed, the postmaster shall withhold payment and report the facts to the Third Assistant Postmaster General (Division of Stamps) for instructions. C. When payment of a War-Savings Certificate, registered or unregistered, belonging to an infant, is demanded by one of such infant’s parents, by the guardian of the property of such infant, or by a person with whom such infant resides, or by any other person for or in behalf of the infant holder, the postmaster shall report the facts in the case to the Third Assistant Post- master General (Division of Stamps) and withhold payment pending the receipt of instructions. When payment is demanded by the guardian the postmaster shall also transmit a certified copy of the order of the court making the appointment, which he shall require the guardian to furnish. VIII. DISABILITY OF HOLDERS OF CERTIFICATES. 1. Certificates held by persons legally declared to be incompetent to manage their affairs, and for whose estate a conservator or other legally constituted representative has been appointed by a court of competent jurisdiction, to the knowledge of the postmaster from whom paymentis demanded, shall be paid to such conservator or legal representative. 2. Certificates held by persons not legally declared to be incompetent to manage their affairs, who, by reason of infirmity or for other reasons satisfactory to the postmaster from whom payment is demanded, can not appearin person to demand payment of his or her certificates, may be paid to a representative upon compliance by the owner with instructions prescribed by the Postmaster General. 3. Certificates held by persons under any other disability shall be paid only to the holders of the certificates, except as provided in the case of infancy. A. A postmaster will be deemed to have knowledge that the owner of a War-Savings Cer- tificate has been legally declared an incompetent when the conservator or other legally appointed representative of such owner notifies him in writing of his appointment as such or applies in his official capacity for payment of the certificate. If in the absence of such notice a postmaster 4 has reason to believe that a conservator or other representative has been appointed, he shall withhold payment and report the facts to the Third Assistant Postmaster General (Division of Stamps) for instructions. B. When payment is demanded by a conservator or representative, the postmaster shall obtain from such conservator or representative a certified copy of his appointment and forward it, together with a statement of all facts concerning the case, to the Third Assistant Postmaster General (Division of Stamps). Payment of the certificate shall be withheld pending the receipt of instructions. C. When it has been shown to the satisfaction of the postmaster that the owner of a War- Savings Certificate, not legally declared an incompetent, can not, because of infirmity or other good and sufficient reason, appear in person to demand payment of the certificate, the postmaster shall furnish the representative of such owner Form W. S. 3357, provided to effect withdrawals in such circumstances. Upon presentation of the certificate receipted by the owner, and of Form W. S. 3357 properly filled out, the postmaster shall, if satisfied as to the identity of both the owner and the representative, pay the amount due on the certificate to the representative named in the order. IX. REGISTRATION OF CERTIFICATES IN FAvor of BENEFICIARY. 1. Certificates may be registered payable to a single designated beneficiary in case of death of the owner, as, for instance, “John Smith, payable on death to Mary Smith.” Such certificates will be payable to the registrant during his or her lifetime, and to the beneficiary upon death of the registrant, provided the beneficiary be then living. If the beneficiary shall predecease the registrant, the certificate will be payable to the owner as though such beneficial regis- tration had not been made. Second registration in favor of another beneficiary, or change of beneficiary, will not be permitted. 2. Such a certificate may also be registered by the beneficiary upon the beneficiary's signing a registration card and complying with the other requirements for registration of the certificate. Unless registered by the beneficiary, the United States will not be liable, in respect of any beneficiary certificate, if payment upon the death of the owner be made to a person not the true beneficiary thereof. • 3. Should the beneficiary die after the death of the owner, but before payment of the certificate, the regulations covering payment of certificates held by a deceased owner shall govern the payment of the certificate as though the beneficiary were such a deceased owner. 4. The right to designate a beneficiary shall extend only to registered certificates. A. When the owner of a War-Savings Certificate desires to register it payable to a desig- nated beneficiary in the event of his death, the postmaster shall stamp or write across the face of the certificate the following: “Payable on death to -- - - - - - - - - - - - - - - - - - -,” inserting the name of the beneficiary, and shall cause the owner of the certificate to sign his name under such designation. B. The postmaster shall also stamp or write on the face of the registration card the date of the designation, the name and address of the beneficiary, and the relationship of the bene- ficiary to the owner, if any, in the following illustrative form: “January 10, 1918, Payable on death to Mary Brown, my wife, 1217 Pennsylvania Avenue, Washington, D. C.,” and shall cause the owner of the certificate to sign his name under such designation. C. The signature of the owner on both the certificate and registration card must be witnessed by a disinterested person who knows both the owner and the beneficiary. D. When a beneficiary desires to register a War-Savings Certificate which has been made payable to him, he shall fill out a registration card in the same manner as though he were the owner of the certificate. The postmaster shall give such card the registration number already assigned to the certificate and write the words “Registration by beneficiary” thereon. This card shall be attached to the owner's registration card. E. When payment by a beneficiary is demanded, the postmaster shall send the certificate and registration card or cards, together with a report of all facts in the case, to the Third Assistant Postmaster General (Division of Stamps), who will issue the necessary instructions. º 5 X. PAYMENT of war SAVINGS CERTIFICATE HELD BY DECEASED ownBR. In case of the death of the owner of a War-Savings Certificate (other than a certificate registered payable to a bene- ficiary), payment shall be made to the persons and in the manner hereinafter provided: 1. If the decedent leave a will which is duly admitted to probate, or die intestate and the estate of such decedent is administered in a court of competent jurisdiction, payment of such certificate shall be made only to the duly appointed representative of the estate. Administration will be required before payment of a War-Savings Certificate will be made in all cases where the gross personal estate of the deceased owner exceeds $500 in value, unless the estate of such decedent is exempt from administration under the laws of the State of decedent's domicile. 2. In case no legal representative of the decedent's estate is appointed and either the gross personal estate amounts to $500 or less in value or the law of the State of decedent’s domicile specifically exempts the estate from administration, the certificate shall be paid to and on the demand of persons equitably entitled thereto in the opinion of the Secretary of the Treasury, in the following order of classes: - First. Husband, wife, next of kin, or other person, who pays the reasonable funeral expenses, expenses of the last illness, or other preferred claims against the deceased estate. Second. Creditor for funeral expenses, expenses of last illness, or other preferred claims. Third. Husband, wife, or next of kin of the deceased, in the following order of preference: (1) Husband or wife; (2) Child or children; - (3) Father; - (4) Mother; (5) Any other of the next of kin of the deceased; provided that nothing herein contained shall require the payment of a single certificate to more than one person. A. In all instances where demand is made for the payment of a War-Savings Certificate belonging to the estate of a deceased owner (other than a certificate registered payable to a beneficiary which will be dealt with under instructions in Section IX), the postmaster shall report all facts to the Third Assistant Postmaster General (Division of Stamps), who will supply the necessary forms and instructions for handling the matter. XI. SIGNING RECEIPT. 1. Whenever, pursuant to these regulations, payment of a certificate is made to a person not the original owner thereof, the receipt printed on the certificate need not be signed, but such person shall sign a receipt, which shall be pasted on the certificate over the receipt printed thereon, as follows: “Received $ in payment hereof, I hereby certify that I am the identical person entitled to payment of this certificate under the regulations prescribed by the Secretary of the Treasury, in lieu of the original owner named above, and that said original owner (or his estate) does not hold War-Savings Certificates to an aggregate amount exceed- ing One Thousand Dollars. - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - (Date.) (Signature of payee.) A. When instructions are issued by the Third Assistant Postmaster General (Division of Stamps) for the payment of a War-Saving Certificate to a person other than the original owner thereof, the form of receipt to be signed by such person will accompany the instructions. XII. INHERITANCE TAXES. 1. Payment of the certificate will be made without any deduction for inheritance, estate, or transfer taxes on death of a deceased owner, either State or Federal, and no claim shall lie against the United States or any officer or employee thereof for failure to deduct or withhold any such tax. The person to whom payment of the certificate is made shall be liable for all such taxes, if any shall be due, and the lien thereof shall attach to the proceeds of the certificate in his or her hands. XIII. CHANGE OF NAME. 1. Where the owner of a certificate has since the issuance of the certificate changed his or her name by marriage - or by order or decree of court, the postmaster shall accept the receipt of the owner signed in his or her own new name, as well as in his or her original name, upon being satisfied of the identity of the person. 6 XIV. LIMITATION IN AMOUNT. 1. If it shall appear that any person has received certificates issued to such person by way of gift, bonus, dividend, or in any other lawful manner except the purchase thereof by such person, whereby he or she holds certificates in excess of an aggregate of $1,000 (maturity value), the excess amount of certificates shall be immediately surrendered at a money-order post office and shall be paid at their then value. In any other case if it shall appear at the time a certificate is presented for payment, that the person presenting the same holds certificates to an aggregate amount exceeding $1,000 (maturity value), the postmaster shall refuse payment of all certificates in excess of such amount and shall demand surrender of certificates held by such owner until the holdings of such owner are reduced to $1,000 (maturity value). The postmaster shall make appropriate notation on certificates so surrendered, and shall forward such certificates to the Third Assistant Postmaster General for transmission to the Secretary of the Treasury. Such certificates shall have no validity for any purpose. Nothing herein contained shall prevent the payment of a certificate of a deceased owner to the person entitled thereto under these regulations, without regard to the amount of certificates already owned by such payee, unless it shall appear that such deceased owner held certificates to an aggregate amount exceeding $1,000 (maturity value), in which case only $1,000 (maturity value) shall be paid, and the excess shall be taken up in accordance with the foregoing. XV. ADMINISTRATION. 1. The administration of the foregoing regulations shall be in accordance with such forms and administrative regulations and instructions and through such assistants or subordinates as the Postmaster General shall from time to time prescribe, and in accordance with regulations issued or to be issued by the Secretary of the Treasury. 2. The right is reserved to make, from time to time, any further or supplemental or amendatory regulations which shall not modify or impair the terms and conditions of War-Savings Certificates issued or to be issued in pursuance of the act of Congress approved September 24, 1917. - A. Postmasters will be promptly advised by the Third Assistant Postmaster General (Division of Stamps) of any changes in the regulations and instructions for the transaction of War-Savings Certificate business by the Postal Service. A. S. BURLESON, Postmaster General. Was B.INGTON : Govºn NMrN'T PRINTING OFFICE. : 1915: UNIVERSITY OF MI iii.iii. O 0666 3 9015 O7805