and seven clear days at the least before such sessions, and shall also either remain in custody until the sessions, or within such three days enter into a recognizance, or bond of caution in Scotland, with a sufficient surety, before a justice of the peace, conditioned personally to appear at the said sessions, and to try such appeal, and to abide the judgment of the court thereupon, and to pay such costs as shall be awarded by the court; and upon such notice being given, and such recognizance or bond being entered into, the justice before whom the same shall be entered into shall liberate such person if in custody; and the court at such sessions shall hear and determine the matter of the appeal, and shall make such order therein, with or without costs to either party, as to the court shall seem meet; and in case of the dismissal of the appeal, or the affirmance of the conviction, shall order and adjudge the offender to be dealt with and punished according to the conviction, and to pay such costs as shall be awarded, and shall, if necessary, issue process for enforcing such judgment.

7. NO CERTIORARI, &c.-No such conviction, or adjudication made on appeal therefrom, shall be quashed for want of form, or be removed by certiorari, or otherwise, into any of his Majesty's superior courts of record, or in Scotland by advocation or suspension into any superior court; and no warrant of commitment shall be held void by reason of any defect therein, provided it be therein alleged that the party has been convicted, and there be a good and valid conviction to sustain the same.

8. CONVICTIONS TO BE RETURNED TO THE QUARTER SESSIONS AND REGISTERED, AND MAY BE GIVEN IN EVIDENCE.-On every conviction under this Act for a first or second offence the convicting justices shall return the same to the next quarter sessions for the county, riding, division, city, or place, wherein such offence shall have been committed; and the record of such conviction, or any copy thereof, shall be evidence in any prosecution to be instituted against the party thereby convicted for a second or third offence; and the clerk of the peace shall immediately on such return make or cause to be made a memorandum of such conviction in a register to be kept by him of the names and places of abode of the persons so convicted, and shall state whether such conviction be the first or second conviction of the offending party.

9. IF PERSONS TO THE NUMBER OF THREE, BEING ARMED, ENTER ANY LAND FOR THE PURPOSE OF TAKING OR DESTROYING GAME OR RABBITS, THEY SHALL BE DEEMED GUILTY OF A MISDEMEANOR-PUNISHMENT.-If any persons, to the number of three or more together, shall by night unlawfully enter or be in any land, whether open or inclosed, for the purpose of taking or destroying game or rabbits, any of such persons being armed with any gun, crossbow, fire arms, bludgeon, or any other offensive weapon, each and every of such persons shall be guilty of a misdemeanor, and being convicted thereof before the justices of gaol delivery, or of the court of great sessions of the county or place in which the offence shall be committed, shall be liable, at the discretion of the court, to be transported beyond seas for any term not exceeding fourteen years nor less than seven years, or to be imprisoned and kept to hard labour for any term not exceeding three years; and in Scotland any person so offending shall be liable to be punished in like manner.

10. JURISDICTION OF SHERIFFS IN SCOTLAND-PROVING OF CONVICTIONS.-In Scotland the sheriff of the county within which the offence shall have been committed shall have a cumulative jurisdiction with the justices of the peace in regard to the same; and the conviction in Scotland may be proved in the same manner as a conviction in any other case according to the law of Scotland.

11. CERTAIN OFFENCES TO BE TRIED BEFORE HIGH COURT OR CIRCUIT COURTS OF JUSTICIARY.—In all cases in Scotland of a third offence, or in other cases in Scotland where a sentence of transportation may, by the provisions of this Act, be pronounced, the offender shall be tried before the High Court or circuit court of Justiciary.

12. WHAT TIME SHALL BE CONSIDERED NIGHT.-Provided always, that for the purposes of this Act the night shall be considered and is hereby declared to commence at the expiration of the first hour after sunset, and to conclude at the beginning of the last hour before sunrise.

13. WHAT SHALl be deemed GamE.-For the purposes of this Act the word "game" shall be deemed to include hares, pheasants, partridges, grouse, heath or moor game, black game, and bustards.

CHAPTER XCII.

THE SAVINGS BANK ACT, 1828 (Short Titles Act, 1896).

AN ACT to consolidate and amend the Laws relating to Savings Banks.1

[28th July 1828.]

1 Rep. 26 & 27 Vict. c. 87, s. 1, with a proviso in sect. 68, that that Act shall not be held to repeal any of the existing statutes relating to savings banks in so far as relates to post office savings banks established or to be established under 24 & 25 Vict. c. 14, nor to repeal any of the powers and authorities rested by those Acts in the commissioners for the reduction of the national debt in regard to the control, management, investment, conversion, and regulation of the funds remitted by the trustees of savings banks or by the trustees of friendly societies to the said commissioners.

[Preamble.]

[Ss. 1-10, 11 (authorizing trustees of savings banks to pay into the Banks of England or Ireland sums not less than L.50, to the account of the national debt commissioners to be placed to the account "The Fund for the Banks for Savings "), and 12-14 rep. 36

37 Vict. c. 91 (S.L.R.).]

15. MONIES PAID IN ON SAVINGS BANKS ACCOUNT TO BE INVESTED BY NATIONAL DEBT COMMISSIONERS IN BANK ANNUITIES OR EXCHEQUER BILLS.-The said commissioners shall cause all the monies paid into the Banks of England and Ireland respectively, and placed to their account in pursuance of the provisions of this Act, to be invested from time to time, under such regulations as the said commissioners shall direct, in the purchase of bank annuities or Exchequer bills, or in either of them, in their names, and to be carried to the account herein-before provided; and the interest which shall arise from time to time and become due thereon shall in like manner be invested in the purchase of Government annuities or of Exchequer bills as aforesaid.

[Ss. 16-24 rep. 36 & 37 Vict. c. 91 (S.L.R.); s. 25 rep. 50 & 51 Vict. c. 40, s. 11; s. 26 rep. 36 & 37 Vict. c. 91 (S.L.R.).]

27. CHARITABLE SOCIETIES MAY INVEST SUMS NOT EXCEEDING L.100 PER ANNUM, OR L.300 IN THE WHOLE, IN SAVINGS BANKS.-It shall and may be lawful for the trustees or treasurers of any charitable or provident institution or society in England or Ireland, or charitable donation or bequest, for the maintenance, education, or benefit of the poor, from time to time to subscribe any part of the funds of such institution or society into the funds of any savings banks, if the trustees or managers thereof shall be willing to receive the same, to the amount of one hundred pounds per annum, provided the amount of the sum to be invested by such institution or society shall not at any time exceed the sum of three hundred pounds in the whole, exclusive of interest.

28. FRIENDLY SOCIETIES MAY SUBSCRIBE ANY PORTION OF THEIR FUNDS INTO SAVINGS BANKS.-It shall be lawful, if the trustees or managers of any savings banks shall think proper, for any friendly society established under and by virtue of any Act or Acts relating to friendly societies from time to time to subscribe the whole or any part of the funds of such friendly society, as they shall from time to time direct, through their treasurer, steward, or other officer or officers, into the funds of any institution which shall take the benefit of this Act, and which shall be willing to receive the same, under such terms and conditions as shall be specially provided for that purpose by the rules, orders, and regulations of such institution:

S. 28 in part rep. 36 & 37 Vict. c. 91 (S.L.R.).

[S. 29 rep. 50 & 51 Vict. c. 40, s. 11.]

30. MEMBERS OF FRIENDLY OR CHARITABLE SOCIETIES NOT LIABLE TO DISABILITY IN THOSE SOCIETIES BY Becoming a Depositor in any Institution UNDER THIS ACT-NO DEPOSITOR LIABLE TO PENALTY FOR BELONGING TO A SOCIETY MAKING DEPOSIT IN ANY QTHER BANK.No person who is or shall be a member of any friendly society established or to be established under and by virtue of any Act or Acts relating to friendly societies, or a member of any of the charitable institutions herein-before mentioned, shall, by reason of such person being or becoming a depositor in any institution taking the benefit of this Act, be considered as subject or liable to any penalty, forfeiture, or disability

declared or expressed, or intended so to be, by or in the rules, orders, or regulations of such friendly society; any rules, orders, or regulations of such friendly society made, or hereafter to be made, to the contrary notwithstanding: Provided also, that no depositor shall be subject or liable to any penalty or forfeiture on account of his belonging to or being interested in the funds of any friendly society or charitable society deposited in any other savings bank.

S. 31 rep. 37 & 38 Vict. c. 35 (S.L.R.); 88. 32-34 rep. 50 & 51 Vict. c. 40, s. 11; 8. 35 rep. 56 & 57 Vict. c. 69.]

[S. 36 rep. 36 & 37 Vict. c. 91 (S.L.R.); s. 37 rep. 37 & 38 Vict. c. 35 (S.L.R.); 88. 38, 39 rep. 36 & 37 Vict. c. 91 (S.L.R.); ss. 40–44 rep. 50 & 51 Vict. c. 40, s. 11 ; ss. 45-49 rep. 36 & 37 Vict. c. 91 (S.L.R.).]

50. NATIONAL DEBT COMMISSIONERS MAY INVEST MONIES PAID TO THEIR ACCOUNT IN PURCHASE OF EXCHEQUER BILLS, AND SHALL BE ENTITLED TO AN AMOUNT OF L.3 PER CENT. BANK ANNUITIES EQUAL IN VALUE TO BILLS PURCHASED.-It shall and may be lawful for the said commissioners, and they are hereby authorized and empowered, to lay out, from time to time, (if they shall deem it expedient, and under such regulations as the said commissioners shall direct,) the whole or any part of the monies which shall be standing in their names in the books of the Banks of England and Ireland respectively, in pursuance of this Act, in the purchase of Exchequer bills held by the said banks respectively or by the public, as the case may be; and the said commissioners shall be entitled to receive, for the sum or sums laid out by them in Exchequer bills, such an amount of three pounds per centum consolidated or reduced annuities, transferable at the Bank of England, as the said sum or sums of money would have bought if the same had been applied to the purchase of three pounds per centum annuities, estimating the amount of such annuities at the quarterly average price of three pounds per centum annuities which shall have been purchased with the monies commonly called the sinking fund in the same quarter of the year in which such Exchequer bills shall have been purchased; and the said three pounds per centum annuities, and the dividends arising thereon from time to time, shall constitute and form part of the funds belonging to the said commissioners on account of the said savings banks, and shall be subject to the same provisions and to the same and the like purposes as all other capital stocks and dividends standing in their names on the said account shall and may be subject and liable to; and the accountant general of the said governor and company shall, within five days after such entry shall have been made as aforesaid, certify to the said commissioners the amount of the three pounds per centum annuities so placed upon their said account under the provisions of this Act.

51. THE COMPTROLLER GENERAL SHALL CERTIFY TO THE TREASURY, QUARTERLY, THE AMOUNT OF PRINCIPAL AND INTEREST PAID FOR EXCHEQUER BILLS, AND THE TREASURY SHALL ORDER THE REQUISITE AMOUNT OF L.3 PER CENT. ANNUITIES TO BE PLACED TO THE CREDIT OF THE COMMISSIONERS.-The comptroller general or assistant comptroller acting under the said commissioners shall at the end of every quarter of the year in which such Exchequer bills shall have been purchased by or on account of the said commissioners as aforesaid, certify to the Treasury the amount of the principal and interest paid for the same (and also the amount and description of three pounds per centum annuities which might have been purchased with such principal and interest, estimated at the quarterly average price of three pounds per centum annuities as aforesaid); and thereupon it shall and may be lawful for the Treasury, and they are hereby authorized and required, by warrant, from time to time to order and direct the Bank of England to direct their accountant general to enter and place to the credit of the said commissioners, upon the account standing in their names in the books of the said bank, under the title of "The Fund for the Banks for Savings," the amount of the three pounds per centum consolidated or reduced annuities (as the case may be) contained from time to time in every such certificate; the first half-yearly payment of the dividends whereof shall commence from the day on which the last half-yearly dividends were due and payable on the said three pounds per centum consolidated or reduced annuities, as the case may be.

52. L.3 PER CENTUM ANNUITIES CREATED BY PURCHASE OF EXCHEQUER BILLS SHALL BE ADDED TO THe existing AnnUITIES, AND CHARGEABLE UPON THE CONSOLIDAted Fund

-The three pounds per centum annuities which shall be created from time to time by the purchase of Exchequer bills under and by virtue of this Act shall be deemed and taken to be and shall from time to time be added to and shall form part of the capital of the three pounds per centum consolidated or reduced annuities (as the case may be) transferable at the Bank of England, and the dividends arising thereon shall, as the same shall become due, be charged upon, and be payable out of, and the same are hereby made chargeable upon, the consolidated fund of the United Kingdom of Great Britain and Ireland.

53. EXCHEQUER BILLS PURCHASED SHALL BE CANCELLED OR EXCHANGED FOR NEW Bills. -It shall and may be lawful for the said commissioners to cause all or any part of the Exchequer bills purchased by them, or on their account, under the provisions of this Act, to be delivered to the paymasters of Exchequer bills, to be cancelled, within five days after the expiration of the quarter of the year in which such bills shall have been so purchased; and the said paymasters are in such case hereby required, upon the delivery thereof, to cancel the same accordingly; and it shall and may be lawful to the said commissioners to exchange from time to time any part of such Exchequer bills, not so delivered to be cancelled, for new bills of the like amount (if they shall deem it expedient to do so), according to the usual course of the Exchequer, anything hereinbefore contained to the contrary thereof in anywise notwithstanding.

54. COMMISSIONERS MAY SELL ANY PART OF THE BANK ANNUITIES, AND INVEST THE PROCEEDS IN EXCHEQUER BILLS.-Provided always, that it shall and may be lawful for the said commissioners, and they are hereby authorized and empowered, to sell from time to time, if they shall deem it expedient, any part of the said bank annuities which shall be standing in their names in the books of the Bank of England and Ireland respectively, in pursuance of the said recited Acts1 or this Act, and to apply the whole or any part of the monies produced by such sale or sales in the purchase of Exchequer bills, in the same manner and under the same regulation and provisions as any other monies are authorized by this Act to be so invested by the said commissioners.

157 Geo. 3, cc. 105, 130, 58 Geo. 3, c. 48, 1 Geo. 4, c. 83, and 5 Geo. 4, c. 62.

55. TREASURY MAY ISSUE EXCHEQUER BILLS ON APPLICATION OF COMMISSIONERS FOR PAYMENTS TO SAVINGS BANKS OR FRIENDLY SOCIETIES.-It shall and may be lawful for the said commissioners, or for the proper officer or officers of the said commissioners, from time to time, to make application to the Treasury, stating and certifying what sum of money may be required for satisfying any demands which shall from time to time be made upon the said commissioners for the reduction of the national debt by the trustees of any savings bank or friendly society in England or Ireland, and thereupon it shall and may be lawful for the Treasury, in case they shall think fit and proper so to do, by warrant, to cause or direct any number of Exchequer bills to be made out at the receipt of his Majesty's Exchequer in Great Britain, for such sum or sums of money as shall be from time to time stated and certified in any such application of the said commissioners, or their officer or officers under the direction of the said commissioners, or for any part of any such sum or sums;

S. 55 in part rep. 37 & 38 Vict. c. 35 (S.L.R.)

56. BANKS OF ENGLAND OR IRELAND MAY MAKE ADVANCES TO COMMISSIONERS UPON EXCHEQUER BILLS ISSUED TO OR PURCHASED BY THEM.-It shall and may be lawful for the Bank of England and Bank of Ireland respectively from time to time to advance to the said commissioners for the reduction of the national debt such sum or sums of money, on the credit of such Exchequer bill or bills issued to or purchased by the commissioners under the provisions of this Act as aforesaid, at such time or times, and under such regulations for the purposes of this Act, as shall be agreed upon by the said commissioners and the Banks of England and Ireland respectively, and at such times as the said commissioners shall from time to time require; any law or statute to the contrary thereof in anywise notwithstanding.

57. How EXCHEQUER BILLS ISSUED TO THE COMMISSIONERS SHALL BE PAID OFF BY THEM WHEN SUCH BILLS ARE PAID OFF BY ADVANCES FROM THE SINKING FUND, THE SUM ADVANCED SHALL BE REPLACED OUT OF THE MONIES ON THE SAVINGS BANKS OR FRIENDLY SOCIETIES ACCOUNT.-The principal sum of every such Exchequer bill which shall have been issued to the said commissioners upon their application, for the purposes herein

before directed, and upon which any sum of money shall have been so advanced by the Banks of England or of Ireland respectively, under the provisions of this Act, shall, together with all interest due thereon, be discharged from time to time by the said commissioners for the reduction of the national debt, in such portions as the said commissioners shall deem fit and expedient, with and out of any monies invested from time to time by the trustees of any savings banks or friendly societies in England or Ireland respectively, and carried to the credit of the said commissioners on account of any such savings banks or friendly societies, or by the sale of any bank annuities, or with and out of the monies or funds commonly called the sinking funds, standing in the names of the said commissioners in the books of the Banks of England or Ireland respectively, or by all or either of such means of repayment, as the said commissioners shall deem most proper and convenient; and immediately upon any such payment being made by the said commissioners for the reduction of the national debt Exchequer bills to the amount of the principal sum so paid off and discharged shall be delivered up to the said commissioners by the Bank of England or Bank of Ireland respectively; and the said commissioners shall forthwith cause the said Exchequer bills to be delivered to the paymasters of Exchequer bills to be cancelled: Provided always, that whenever the principal sum of any such Exchequer bill or bills shall have been discharged and paid off by any sum or sums of money advanced from the sinking fund, and under the provisions of this Act, the said commissioners shall cause their agent or proper officer to transfer from any account standing in the names of the said commissioners in the books of the Bank of England, or from any accounts standing in their names in the books of the Bank of Ireland, under or by virtue of this Act, or of any Act or Acts relating to savings banks or friendly societies, as the case may be, into the account standing in the names of the said commissioners in the books of the Bank of England or Bank of Ireland respectively, under the title of "The Account of the Commissioners appointed by Act of Parliament for applying certain Sums of Money annually to the "Reduction of the National Debt," such an amount of stock as shall produce, by computation, the principal sum and interest of all such Exchequer bills so paid off and discharged; and the said computations shall be made by the proper officer or officers of the said commissioners, according to the price at which such stock shall have been purchased by the said commissioners on the day of transferring the said amount of stock as aforesaid; and upon every such transfer of stock being made as herein-before directed, the accountant general of the Bank of England or Bank of Ireland respectively shall thereupon transmit to the office of the said commissioners for the reduction of the national debt a certificate of every such transfer, containing the amount and description of stock so transferred.

66

58. NATIONAL DEBT COMMISSIONERS MAY KEEP A BALANCE IN THE BANK OF IRELAND TO MEET DRAFTS DRAWN ON THEM BY TRUSTEES OF SAVINGS BANKS IN IRELAND.-[Recital] It shall and may be lawful for the said commissioners, if they shall so think fit, and they are hereby authorized and empowered, to pay into the Bank of England, from time to time, any sum or sums of money to be placed to their credit in account with the Bank of Ireland, on account of the fund for the banks for savings, under such regulations as shall or may be agreed upon from time to time between the said commissioners and the Bank of Ireland; and all sums of money so placed to the said commissioners credit as aforesaid shall be carried to the account of the said commissioners, by the cashiers of the Bank of Ireland, standing in the books of the said bank under the title of "The "Fund for the Banks for Savings," and shall be subject and shall be applied to the several purposes herein-before mentioned, as if every such sum and sums of money had been originally paid into the Bank of Ireland to the said account under the provisions of this Act.

59. RECEIPTS, &C. SHALL BE IN THE FORM APPROVED BY COMMISSIONERS.-All receipts, orders, certificates, endorsements, accounts, returns, or instruments, or other matters or things whatsoever, which shall be required for carrying into execution this Act, shall be made in such form and manner, and containing such particulars, and under such regulations, as shall from time to time be directed or required or approved of by the said commissioners, or their officer or officers.

60. INDEMNITY TO COMMISSIONERS, AND BANKS OF ENGLAND AND IRELAND.—This Act shall be and the same is declared to be a full and sufficient indemnity and discharge to the commissioners for the reduction of the national debt, and to the Bank of England