No. XXVI. 38 Geo. III. c. 87. Court of Equity may appoint Persons to col lect outstanding Debts. Stock belonging to the Estate of the Deceased, may be transferred into the Name of the Accountant General in Chancery, in Trust for such Purposes as the Court shall di rect in any Suit. Executor re turning to re nister the same, and to make a true and perfect inventory of all and singular the said goods chattels and credits so far as the same may come to your hands, and to exhibit the same into the registry of our said 'prerogative court of Canterbury on or before the next ensuing, and also to render a just and true account thereof: And we do by these presents ordain and constitute you administrator of all and singular the goods chattels and credits of the said deceased limited as 'aforesaid, but no further or otherwise. in the year of our Given at London, the <Translation."* day of and in the year of our IV. And be it further enacted, That it shall be lawful for the court of equity in which such suit shall be depending to appoint (if it shall be needful) any persons or person to collect in any outstanding debts or effects due to such estate and to give discharges for the same, such persons or person giving security in the usual manner duly to account for the same. V. And be it further enacted, That it shall be lawful for the accountant general of the High Court of Chancery or for the secretary or deputy secretary of the governor and company of the bank of England to transfer, and for the governor and company of the bank of England to suffer a transfer to be made of any stock belonging to the estate of such deceased person into the name of the accountant general in trust for such purposes as the court shall direct in any suit in which the person to whom such administration hath been granted shall be or may have been a party: Provided nevertheless, that if the executors or executor capable of acting as such shall return to and reside within the jurisdiction of any of the said courts pending such suit, such executors or executor shall be made party to such suit and the costs incurred by granting such administration and by proceeding in such suit against such administrator, shall be paid by such person or persons or out of such fund as the court where such suit is depending shall direct. side within Where an Infant is sole Executor, Administration, with the Will annexed, to be granted to the VI. And whereas inconveniences arise from granting probate to in'fants under the age of twenty-one;' be it enacted, That where an infant is sole executor, administration with the will annexed shall be granted to the guardian of such infant, or to such other person as the spiritual court shall think fit, until such infant shall have attained the full age of twenty-one years, at which period and not before probate of the will shall be granted to him. Guardian &c. till the Infant is twenty-one. Who shall have the same Power as an Administrator VII. And be it enacted, That the person to whom such administration shall be granted, shall have the same powers vested in him as an administrator now hath by virtue of an administration granted to him durante minore ætate of the next of kin. durante minore ætate. Upon the death of the executor the authority of an administrator under this Act is not void, but only voidable--Tayaton v. Hannay, 3 B. & P. 26. [No. XXVII. ] 58 George III. c. 81.-An Act for extending to that part of the United Kingdom called Ireland certain provisions of the Parliament of Great Britain, in relation to Executors under the age of Twentyone Years, and to Matrimonial Contracts.-[5th June 1818.] [No. XXVIII.] 4 Geo. IV. c. 98.-An Act for the better granting of Confirmations in Scotland.-[19th July 1823.] No. II. 9 Geo. IV. c. 92. PART III. CLASS XIV. Sales. [ No. I.] 58 Geo. III. c. 82.-An Act to prevent Frauds in the Sale of Grain in Ireland.-[5th June 1818.] PART III. CLASS XV. Savings Banks. [ No. I. ] 59 Geo. III. c. 62.-An Act for the Protection of Banks for Savings in Scotland.-[2d July 1819.] [No. II. 9 Geo. IV. c. 92.-An Act to consolidate and amend the Laws relating to Savings Banks.—[28th July 1828.] WHEREAS it is expedient to amend the laws relative to Savings Banks Repeal of in England and Ireland, and to consol date the same in one Act, and to make other provisions respecting savings banks; be it therefore enacted by the King's most excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Cormons, in this present Parliament assembled, and by the authority of the same, That an Act passed in the fifty-seventh year of the reign of King George the Third, intituled An Act to encourage the Establishment of Banks for Savings 57 G. 3. c. 105. in Ireland; and also an Act passed in the same year, intituled An Act to 57 G. 3. c. 130. Encourage the Establishment of Banks for Savings in England; and also an Act passed in the fifty-eighth year of the reign of King George the Third, intituled An Act to amend an Act passed in the last Session of Par- 58 G. 3. c. 48. liament to encourage the Establishment of Banks for Savings in England; and also an Act passed in the first year of the reign of His present Ma jesty, intituled An Act to amend Two Acts of the Fifty-seventh and Fifty- 1 G. 4. c. 83. eighth Years of His late Majesty, for the Encouragement of Bunks for Savings in England; and also an Act passed in the fifth year of the reign of His present Majesty, intituled An Act to amend the several Acts for the 5 G. 4. c. 62. Encouragement of Banks for Savings in England and Ireland; shall be and the same are hereby, from and after the twentieth day of November one thousand eight hundred and twenty-eight, repealed: Provided never- Not to invalidate theless, that nothing herein contained shall invalidate or annul any pay- Appointments, ments receipts or appointments made, or proceedings had, or bonds or &c., under presecurities taken or entered into, or drafts, powers of attorney, certificates, ceding Acts. VOL. II. 2 B No. II. 9 Geo. IV. c. 92. What Insti tutions shall be entitled to the Banks not to be formed unless approved by Justices at Sessions and Com missioners of National Debt. Rules of Institution to be entered in a Book, and be open to the Inspection of Depositors; and a Copy thereof deposited with Clerk orders, or other instruments whatsoever, executed under the authority of any of the hereby repealed Acts. II. And whereas certain banks for savings have been established in England and Ireland, for the safe custody and increase of small savings belonging to the industrious classes of His Majesty's subjects, and it is expedient to give protection to such institutions and the funds thereby established, and to afford encouragement to others to form the like institutions; be it enacted, That if any number of persons have formed or shall form any society in any part of England or Ireland, for the purpose of establishing and maintaining any institution in the nature of a bank to receive deposits of money for the benefit of the persons depositing the same, to accumulate the produce of so much thereof as shall not be required by the depositors, their executors or administrators, at compound interest, and to return the whole or any part of such deposit and the produce thereof to the depositors their executors or administrators, (deducting out of such produce so much as shall be required for the neces sary expences attending the management of such institution,) but deriving no benefit whatsoever from any such deposit or the produce thereof, and shall be desirous of having the benefit of the provisions of this Act, such persons shall cause the rules and regulations established or to be established for the management of such institution to be entered deposited and filed in manner herein-after directed, and thereupon shall be deemed to be entitled to and shall have the benefit of the provisions contained in this Act: Provided always, that the privilege of paying money into the Banks of England or Ireland, and of receiving receipts for the same, shall be and the same is hereby declared to be extended to such institu tions as may have formed or may hereafter form their rules and regulations according to the provisions of this Act; and it shall and may be lawful for the trustees of such institutions respectively to invest any funds already accumulated by such institutions, and which shall not have been invested at the time of the passing of this Act, and to receive receipts for the same in manner authorized by this Act: Provided nevertheless, that no such institution to be hereafter formed shall have or be entitled to the benefits of the provisions in this Act contained, unless the formation of the same shall have been sanctioned and approved of by the justices of the county, riding, division, or place where such institution is intended to be held, at the General Quarter Sessions, and by the Commissioners for the Reduction of the National Debt, or, on their behalf, by the comptroller general or assistant comptroller acting under the said Commissioners. III. And be it further enacted, That no such institution as aforesaid shall have the benefit of this Act, unless the rules and regulations for the management thereof shall be entered in a book or books to be kept by an officer of such institution to be appointed for that purpose, and which book or books shall be open at all seasonable times for the inspection of the persons making deposits in the funds of such institution, and unless such rules and regulations shall be fairly transcribed on parchment, and such transcript deposited with the clerk of the peace for the county, riding, division, or place wherein such institution shall be established; which transcript shall be filed by such clerk of the peace with the rolls of the sessions of the peace in his custody, and a certificate of the inrolment thereof shall be signed by such clerk of the peace on a duplicate copy to be provided by and returned to such institution, on payment of a fee of ten shillings in respect thereof, provided the same be returned to such institution as aforesaid within the space of ten days then next folNot to prevent lowing, and not otherwise; but nevertheless, nothing herein contained of the Peace. Alterations. shall extend to prevent any alteration in or amendment of any such rules or regulations so entered and deposited and filed as aforesaid, or repealing or annulling the same or any of them, in the whole or in part, or making any new rules or regulations for the management of such institution, in such manner as by the rules and regulations of such institution Alterations to shall from time to time be provided, but such new rules or regulations, be entered and deposited in like manner. or such alterations in or amendments of former rules or regulations, or any order annulling or repealing any former rule or regulation, in the whole or in part, shall not be in force until the same respectively shall be entered in such book or books as aforesaid, and a transcript or transcripts thereof deposited with such Clerk of the Peace as aforesaid, who shall file and certify the same as aforesaid, on payment of a fee of five shillings. No. II. 9 Geo. IV. c. 92. IV. And be it further enacted, That before a transcript of the rules Rules and Reand regulations, or alterations in or amendments of former rules or gulations, before regulations, for the management of any institution requiring the benefit deposited with of this Act, shall be deposited with the clerk of the peace for the county, Clerk of the riding, division, or place wherein such institution shall be established, Peace, to be pursuant to the directions of this Act, such transcript shall be submitted submitted to a by the trustees or managers for the time being of each respective institu- Barrister. tion, and at the expence of the said institution, to a barrister at law, to be appointed by the Commissioners for the reduction of the national debt, for the purpose of ascertaining whether the same are in conformity to law, and with the provisions of this Act; and that the said barrister shall give a certificate thereof, or point out in what part or parts they are repugnant thereto; and the fee to be paid to such barrister for perusing the rules, regulations, alterations, or amendments of each respective institution, and giving such certificate as aforesaid, shall not at any one time exceed the sum of one guinea; and such transcript shall be signed by two trustees, and shall, together with the certificate of such barrister as herein-before mentioned, be laid before the justices for such county, riding, division, or place, at the General or Quarter Sessions next after the time when such transcript shall have been so deposited; and it shall be lawful for such Justices at Sesjustices then and there present, after due examination thereof, to reject sion may reject and disapprove of any part or parts thereof, or to allow and confirm the any Rules of said transcript, or such part or parts thereof as shall be conformable to Institutions. the true intent and meaning of this Act, without requiring the certificate or approval of any other barrister: Provided always, that the said justices Manner of sigshall signify such rejection or disapproval of any one or more of the rules nifying such orders and regulations contained in such transcript, by the words "Rejected" Rejection. or "Disapproved" written opposite such rule or rules, order or orders, regulation or regulationsnd signed by the chairman of such sessions; and such rule or rules, order or orders, regulation or regulations, as shall be so rejected or disapproved, shall not be in force from the time of such rejection or disapproval, any thing in this Act, or in any such rules orders and regulations, to the contrary notwithstanding: Provided always, that the said clerk of the peace do, within the space of ten days next after such rejection or disapproval, give notice thereof in writing to the two trustees of such institution, by whom the transcript of such rules orders and regulations shall be signed as aforesaid, and provided always, that nothing herein contained shall be construed to require any rule making any alteration in the hours of attendance at any such institution as aforesaid, to be laid before such barrister as aforesaid, previous to the inrolment thereof. Clerk of the Rules, when entered and de posited, to be binding on Members and V. And be it further enacted, That all rules and regulations from time to time made and in force for the management of such institution as afore said, and duly entered in such book or books as aforesaid, and deposited with such clerk of the peace as aforesaid, shall be binding on the several members and officers of such institution, and the several depositors therein and their representatives, all of whom shall be deemed and taken to have Depositors. full notice thereof by such entry and deposit as aforesaid; and the entry Copy of Tranof such rules and regulations in such book or books as aforesaid, or the script to be retranscript thereof deposited with such clerk of the peace as aforesaid, or ceived in Evia true copy of such transcript examined with the original, and proved to dence. be a true copy, shall be received as evidence of such rules and regulations respectively in all cases; and no certiorari shall be brought or allowed to remove any such rules or regulations into any of His Majesty's Courts of Record; and every copy of any such transcript deposited with any clerk of the peace as aforesaid shall be made without fee or reward, except the No. II. 9 Geo. IV. c. 92. Treasurer, Trustee, or Manager, &c., not to derive any Benefit from actual expence of making such copy; and such copy shall not be subject to any stamp duty, VI. And be it further enacted, That no such institution as aforesaid shall have the benefit of this Act, unless it shall be expressly provided by the rules and regulations for the management thereof, that no person or persons, being treasurer trustee or manager of such institution, or having any controul in the management thereof, shall derive any benefit from any deposit made in such institution, save only and except such salaries and allowances or other necessary expences as shall according to such the Institution. rules and regulations be provided for the charges of managing such institution, and for remuneration to officers employed in the management thereof, exclusive of the treasurer or treasurers, trustee or trustees, manager or managers, or other persons having direction in the management of such institution, who shall not directly or indirectly have any salary, allowance, profit, or benefit whatsoever therefrom, beyond their actual expences for the purposes of such institution. Treasurer and other Officers intrusted with Receipt or Custody of Money, to give Security. Effects of Institution vested in Trustees for Time being. VII. And be it further enacted, That every treasurer actuary or cashier, who shall be intrusted with the receipt or custody of any sum of money subscribed or deposited for the purpose of such institution, or any interest or dividend from time to time accruing therefrom, and every officer or other person receiving any salary or allowance for their services from the funds of any savings banks, unless he shall already have given good and sufficient security, shall give good and sufficient security, to be approved of by not less than two trustees and three managers of such savings banks, for the just and faithful execution of such office or trust; and such security shall be given by bond or bonds to the clerk of the peace for the county, county of a city, or county of a town, riding, division, or place, or to the town clerk of the place where such institution shall be established, for the time being, without fee or reward; and in case of forfeiture it shall be lawful for the trustees or managers for the time being of such institution to sue upon such bond or bonds in the name of such clerk of the peace or town clerk for the time being, and to carry on such suit at the costs and charges and for the use of the said institution, fully indemnifying and saving harmless such clerk of the peace or town clerk from all costs and charges in respect of such suit; and no bond to be so given shall be subject to or charged or chargeable with any stamp duty what ever. VIII. And be it further enacted, That all monies, goods, chattels, and effects whatever, and all securities for money or other obligatory instruments, and evidences or muniments, and all other effects whatever, and all rights or claims belonging to or had by such institution, shall be vested in the trustee or trustees of such institution for the time being, for the use and benefit of such institution, and the respective depositors therein, the respective executors or administrators, according to their respective claims and interests, and after the death or removal of any trustee or trustees, shall vest in the succeeding trustee or trustees, for the same estate and interest as the former trustee or trustees had therein, and subject to the same trusts, without any assignment or conveyance whatever; and also shall, for all purposes of action or suit, as well criminal as civil, in law or in equity, in anywise touching or concerning the same, be deemed and taken to be, and shall in every such proceeding (where necessary) be stated to be, the property of the person or persons appointed to the office of trustee or trustees of such institution for the time being, in his her or their proper name or names, without further description; and such person or persons shall and they are hereby respectively authorized to bring or defend, or cause to be brought or defended, any action suit or prosecution, criminal as well as civil, in law or equity, touching or concerning the property right or claim aforesaid of or belonging to or had by such institution; and such person or persons so appointed shall and may, in all cases concerning the property right or claim aforesaid of such institution, sue and be sued, plead and be impleaded, in his her or their proper name or names, as trustee or trustees of such institution, without other description; and no such suit action or prosecution shall be dis |