Page images


lication of this Act to Scotland the following the court that he had used due diligence to modifications shall be made :

for the same, to reimburse him for the legal costs enforce the execution of this Act, and that the of obtaining the analysis, and any other reasonable The expression “Summary Jurisdiction Acts" said other person had committed the offence in means the Summary Procedure Act, 1864, question without his knowledge, consent,

expenses to which the Court shall consider him and any Acts amending the same.

or entitled.

connivance, the said other person shall The expression “justice" means sheriff.

be summarily convicted of such offence, and the

12. Proceedings.] All proceedings under this The expression “court of summary jurisdic- employer shall be exempt from any penalty.

Act shall, save as expressly varied by this Act, be tion” means the Sheriff Court, and all jurisdiction necessary for the purpose of margarine in the manner described in the pre- Drugs Act, 1875, and all officers employed under 6. Marking of cases.] Every person dealing in twenty-eight inclusive of the Sale of Food and

the same as prescribed by sections twelve to this Act is hereby conferred on sheriffs.

ceding section shall conform to the following that Act are hereby empowered and required to 22. Application of Act to Ireland.] In the ap- regulations : plication of this Act to Ireland, the following

carry out the provisions of this Act.

Every package, whether open or closed, and modifications shall be made: containing margarine, shall be branded or durably

13. Definition of local authority.] The expression The expression “Summary Jurisdiction Acts" marked “Margarine" means, so far as respects the police district sides, in printed capital letters, not less than Sale of Food and Drugs Act, 1875.

“local authority” shall mean any local authority

on the top, bottom, and authorised to appoint a public analyst under the of Dublin metropolis, the Acts regulating three quarters of an inch square; and if such the powers and duties of justices of the margarine be exposed for sale, by retail, there peace of such district, and as regards the shall be attached to each parcel thereof so exposed,

CAP. XXX. rest of Ireland means the Petty Sessions and in such manner as to be clearly visible to the An Act to amend the Settled Land Act (1882). (Ireland) Act, 1851 [14 & 15 Vict. c. 93], purchaser, a label marked in printed capital and any Act amending the same. letters not less than one and a half inches square,

[23rd August 1887. The expression court of summary jurisdic “Margarine"; and every person selling margarine Whereas by the twenty-first section of the tion

means justices acting under those by retail, save in a package duly branded or Settled Land Act, 1882 (in this Act referred to as Acts. durably marked as aforesaid, shall in every case

the Act of 1882), it is provided that capital money 23. Repeal of 25 & 26 Vict. c. 88.] The Mer deliver the same to the purchaser in or with a arising under that Act may be applied in payment chandise Marks Act, 1862, is hereby repealed, and paper wrapper, on which shall be printed in for any improvement by that Act authorised : any unrepealed enactment referring to any enact- capital letters, not less than a quarter of an inch Be it therefore enacted, &c. : ment so repealed shall be construed to apply to square, “Margarine.”

1. Amendment of sec. 21 of the Settled Land Act, the corresponding provision of this Act; provided 7. Presumption against vendor.] Every person 1882.] Where any improvement of a kind authorthat this repeal shall not affect

dealing with, selling, or exposing, or offering for ised by the Act of 1882 has been or may be made (a.) any penalty, forfeiture, or punishment in sale, or having in his possession for the purpose of either before or after the passing of this Act, and

curred in respect of any offence committed sale, any quantity of margarine contrary to the a rentcharge, whether temporary or perpetual, has against any enactment hereby repealed; provisions of this Act, shall be liable to conviction been or may be created in pursuance of any Act

for an offence against this Act, unless he shows to of Parliament, with the object of paying off any 16.) the institution or continuance of any pro- the satisfaction of the court before whom he is moneys advanced for the purpose of defraying the

ceeding or other remedy under any enact- charged that he purchased the article in question expenses of such improvement, any, capital money ment so repealed for the recovery of any as butter, and with a written warranty or invoice expended in redeeming such rentcharge, or otherpenalty incurred, or for the punishment of to that effect, that he had no reason to believe at wise providing for the payment thereof, shall be any offence committed, before the com the time when he sold it that the article was other deemed to be applied in payment for an improve. mencement of this Act; nor

than butter, and that he sold it in the same statement authorised by the Act of 1882. (c.) any right, privilege, liability, or obligation as when he purchased it, and in such case he shall 2. Section 28 of the Settled Land Act, 1882, to

acquired, accrued, or incurred under any be discharged from the prosecution, but shall be apply to improvements within preceding section.] Any enactment hereby repealed.

liable to pay the costs incurred by the prosecutor improvement in payment for which capital money

unless he shall have given due notice to him that is applied or deemed to be applied under the proCAP. XXIX. he will rely upon the above defence.

visions of the preceding section shall be deemed to An Act for the better Prevention of the

8. Margarine imported or manufactured.] All mar. be an improvement within the meaning of Fraudulent Sale of Margarine.

garine imported into the United Kingdom of Great section twenty-eight of the Act of 1882, and the [23rd August 1887. Britain and Ireland, and all margarine whether provisions of such last-mentioned section shall, so

manufactured within the United far as applicable, be deemed to apply to such imWhereas it is expedient that further provision Kingdom of Great Britain and Ireland, shall, provement. should be made for protecting the public against whenever forwarded by any public conveyauce, be 3. Short title.] This Act shall be construed as the sale as butter of substances made in imitation duly consigned as margarine; and it shall be law one with the Settled Land Act, 1882, and the of butter, as well as of butter mixed with any such ful for any officer of Her Majesty's Customs or Settled Land Act, 1884, and may be cited together substances :

Inland Revenue, or any medical officer of health, with those Acts as the settled Land Acts, 1882 to Be it therefore enacted, &c. :

inspector of nuisances, or police constable, 1887, and separately as the Settled Land Acts

authorised under section thirteen of the Sale of (Amendment) Act, 1887. 1. Short title.] This Act may be cited as the Food and Drugs Act, 1875 (38 & 39 Vict. c. 63], to Margarine Act, 1887. procure samples for analysis if he shall have reason

CAP. XXXI. 2. Commencement of Act.] This Act shall come

to believe that the provisions of this Act are into operation on the first day of January one infringed on this behalf, to examine and take An Act further to amend the Acts relating to the thousand eight hundred and eighty-eight.

samples from any package, and ascertain, if raising of Money by the Metropolitan Board 3. Definition.] The word “butter" shall mean necessary by submitting the same to be analysed,

of Works; and for other purposes. the substance usually known as butter, made ex. whether an offence against this Act has been

[23rd August 1887. clusively from milk or cream, or both, with or committed.

Sections. without salt or other preservative, and with or

1. Short title.

9. Registration of manufactory.] Every manufac. without the addition of colouring matter.

2. Construction of Act. tory of margarine within the United Kingdom of The word "margarine" shall mean all sub Great Britain and Ireland shall be registered by

3. Interpretation. stances, whether compounds

4. Amendment of 49 & 50 Vict. c. 44. 8. 8 and s. or otherwise, the owner or occupier thereof with the local

10, sub-sections (e), (f), (g), (i), and (i). prepared in imitation of butter, and whether authority from time to time in such manner as the

5. Power to expend moneys for the purposes of mixed with butter or not, and no such substance Local Government Boards of England and Ireland shall be lawfully sold, except under the name of and the Secretary for Scotland respectively may

the Metropolitan Board of Works (Various margarine, and under the conditions set forth in direct, and every such owner or occupier carrying

Powers) Act, 1887, the Thames Tunnel this Act. on such manufacture in a manufactory not duly

(Blackwall) Act, 1887, the Artizans, &c. Acts, and the London Parks and Works Act,

1887. whether wholesale or retail, whether a manufacAet Penalty. Every person dealing in margarine, registered shall be guilty of an offence nnder this Act.

6. Composition for stamp duties. turer, importer, or as consignor or consignee, or as

10. Power to inspectors to take samples without pur

7. Power to lend to the Vestry of Saint Pancras. commission agent or otherwise, who is found chase.] Any officer authorised to take samples 8. Power to lend to the Receiver of the Metroguilty of an offence under this Act, shall be liable under the sale of Food and Drugs Act, 1875, may,

politan Police. on summary conviction for the first offence to a without going through the form of purchase pro. 9. Power to expend moneys for sundry purposes fine not exceeding twenty pounds, and for the vided by that Act, but otherwise acting in all

during year 1888.

for second offence to a fine not exceeding fifty pounds, respects in accordance with the provisions of the 10. Special power to expend money purposes of and for the third or any subsequent offence to a said Act as to dealing with samples, take for the

main drainage and main sewers. five not exceeding one hundred pounds.

purposes of analysis samples of any butter, or sub; 11. Power to lend to restries, district boards, 5. Exemption from penalty.] Where an employer for sale, and are not marked Margarine, as provided stances purporting to be butter, which are exposed

corporations, commissioners, burial boards,

or other public bodies. shall be entitled, upon information duly laid by marked shall be presumed to be exposed for sale 13. Extension of amount of loans to the Managers

12. Power to lend to boards of guardians. him, to have any other person whom he charges as the actual offender brought before the court at as butter.

of Metropolitan Asylum District. the time appointed for hearing the charge, and if,

11. Appropriation of penalties.] Any part of any 14. Power to lend to School Board for London. after the commission of the offence has been penalty recovered under this Act may, if the Court 15. Protection of Board in case of certain loans. proved, the employer proves to the satisfaction of shall so direct, be paid to the person who proceeds | 16. Power to raise consolidated stock.


17. Power for Board after issue of stock to apply describing by the name and date appearing 6. Extension of 40 g 41 Vict. c. 35 to vestries and moneys raised by stock to make up dividends

thereon the tombstones and monuments district boards.] All powers and duties conferred from fixed dates.

standing or being in the ground, and such upon the Metropolitan Board by the Metropolitan 18. Board may raise money by bills.

other particulars as may be necessary; Open Spaces Act, 1877, may, after the passing of 19. Form and length of currency and interest on (6.) Such statements shall be deposited with the this Act, be exercised and performed by any metropolitan bills.

clerk of the board or vestry, and shall be vestry or district board of works for the parishes 20. Payment and applications of proceeds of

open to inspection by all persons ;

and districts specified in Schedules A. and B. of metropolitan bills and charge of bills on

(c.) An advertisement of the intention to remove the Metropolis Management Act, 1855, as amended consolidated rate.

or change the position of such tombstones by subsequent Acts. 21. Sections 18 & 19 and 21 & 22 of 46 & 47 Vict.

and monuments shall be inserted three

7. Power of corporation to make free gift of land c. 27 to apply to metropolitan bills under times at least in some newspaper circulating for open space.] Any corporation other than this Act.

in the neighbourhood of the burial ground, municipal corporations or body of persons having 22. Power to create consolidated stock partially and such advertisement shall give notice of power, either with or without the consent of any suspended while metropolitan bills authorised

the deposit of such statement as is herein

other corporation or body of persons, to sell land to be raised.

before described, and of the hours within belonging to such corporation or body may, but 23. 32 & 33 Vict. c. 102, s. 38, not to extend to which the same may be inspected ;

with the like consent (if any), convey, for valuable muoneys raised under this Act.

(d.) A notice in terms similar to the advartise. or nominal consideration or by way of gift, to any 24. Repayments to be carried to consolidated loans

ment shall be placed on the door of the

urban or rural authority such land, or any part fund.

church (if any) to which such churchyard, thereof, for the purpose of the same being pre25. Limit to exercise of borrowing powers.

cemetery, or burial ground is attached, and served as an open space for the enjoyment of the 26. Incorporation of sections 27 to 43 of 48 & 49

shall be delivered or sent by post to any public, and may so convey the same with or with. Vict. c. 50.

person known or believed by the board or Schedules.

out conditions, and the urban or rural authority vestry to be a near relative of any person may accept such open space, and, if conditons are

whose death is recorded on any such tomb- imposed," subject to such conditions, and such CAP. XXXII. stone or monument.

open space shall be deemed to be an open space An Act for extending certain Provisions of the

In the case of any consecrated ground no appli- within the meaning of the principal Acts and this cation for a faculty shall be made until the

Act. Metropolitan Open Spaces Acts, 1877 and expiration of one month at least after the appear. 1881, with Amendments, to Sanitary Dis

Where a corporation having power under this ance of the last of such advertisements tricts throughout England, Wales, and aforesaid.

section to convey land are themselves the urban or Ireland; and for other purposes.

rural authority, this section shall enable such Provided that on any application for a faculty, authority to appropriate their land for an open

23rd August 1887.] nothing shall prevent the bishop from directing or space, and shall, with the necessary modifications, Whereas by the Metropolitan Open Spaces Acts, sanctioning, the removal of any tombstone or apply to such appropriation in like manner as it 1877 (40 & 41 Vict. c. 35] and 1881 [44 & 45 Vict.

monument if he is of opinion that reasonable steps applies to the conveyance. c. 34) (herein called the principal Acts), certain

have been taken to bring the intention to effect
such removal to the notice of some person having this Act by an urban or a rural authority shall be

8. Expenses.] (1.) All expenses incurred under facilities were provided for making available the open spaces and burial grounds in the Metropolis a family interest in such remova).

deemed to have been incurred in the execution of for the use of the inhabitants thereof for exercise

4. Amendment of 47 f 48 Vict. c. 72.] In the the Public Health Act, 1875, and shall be defrayed and recreation, and it is expedient to provide Disused Burial Grounds Act, 1884, and this Act, accordingly, and the purposes of this Act shall be facilities for making available open spaces and burial grounds in all sanitary districts in England, same meaning as in the Metropolitan Open Spaces Act, 1875.

the expression “burial ground” shall have the deemed to be the purposes of the Public Health Wales, and Ireland, for the like use of the in- Act, 1881, as amended by this Act, and the ex (2.) Provided that the expenses incurred by a habitants thereof, and to make other provisions pression " disused burial ground” shall mean any rural authority shall be deemed to be special en: for the purpose afcresaid, and also to amend the burial ground which is no longer used for inter- penses under that Act incurred in respect of the Metropolitan Open Spaces Act, 1881, and the ments, whether or not such ground shall have been contributory place or places for which the Disused Burial Grounds Act, 1884 [47 & 48 Vict. partially or wholly closed for burials under the powers of this Act are exercised, and all the promo c. 72].

provisions of any statute or Order in Council, and visions of the Public Health Act, 1875, which Be it therefore enacted, &c. :

the expression building" shall include any tem- would be applicable in the case of an apportion1. Interpretation.] In this Act, unless the conorary or moveable building.

ment of special expenses, for works for the comtext otherwise requires, the expression

mon benefit of two or more contributory places, "urban 5. Extension of certain provisions of Metropolitan shall apply to any such expenses. sanitary district" and the expression “urban Open Spaces Acts to urban and certain rural sanitary authority respectively, and the expressions districts.] All the provisions of the principal Acts 9. Saving for Crown lands. ] This Act shall not “rural sanitary district” and “rural authority' as amended by this Act (except sections four, five, extend to any land belonging to Her Majesty in respectively shall have the meanings assigned to six, seven, and eight of the Metropolitan Open right of Her Crown or of Her Duchy of Lancaster, them respectively by the Public Health Act, Spaces Act, 1877, and so much of section six of or to any garden or ornamental ground for the 1875 [38 & 39 Vict. c. 55).

the Metropolitan Open Spaces Act, 1881, as begins time being under the management of the Com. 2. Amendment of 44 & 45 Vict. c. 34.] (1.) The with the words “byelaws made under this Act” missioners for the time being of Her Majesty's Metropolitan Open Spaces Act, 1881, is hereby and ends with the figures “1855," and also except Works and Public Buildings. repealed to the extent mentioned in the Schedule sections ten, eleven, twelve, and thirteen of the last

10. Byelaws.] All the provisions with respect to to this Act, and the second section of the said mentioned Act), shall extend and be applicable to byelaws contained in sections one hundred and Act is hereby amended, as follows (that is to say), and in respect of any and every urban sanitary dis eighty-two to one hundred and eighty-six (both the purchase money paid for or in respect of the trict, and any, and every rural sanitary district in inclusive) of the Public Health Act, 1875, shall purchase of any open space as therein mentioned respect of which the sanitary authority shall have apply to all byelaws from time to time made by an shall be held in trust, either as in the said

been invested by an order of the Local Govern- urban or rural authority under the powers of this section mentioned, or as the case may be, for the ment Board wit: the powers of this Act, and to Act, and the penalties imposed by any such bye. benefit of the objects to which any rates pre

the open spaces and burial grounds in such dis- laws may be recovered in a summary manner. viously imposed in respect of such open space had tricts respectively, and for the purpose of such been applied,

extension and application to every such district, 11. Power over open spaces already vested in sanitary (2.) The playing of any games or sports shall every urban authority and every such rural authority.] The Metropolitan Board or the sanitary not be allowed in any churchyard, cemetery, or authority shall have and may exercise, and authority may exercise all the powers given to them there shall be vested in such authority

by the Metropolitan Open Spaces Act, 1881, or or control is acquired under section five of the Metropolitan Open Spaces Act, 1881.

powers, authorities, and capacities in respect of, cemeteries, and burial grounds transferred to them Provided that

or in relation to, open spaces or burial grounds in pursuance of the said Act or of this Act in (a.) In the case of consecrated ground, the within such district as the Metropolitan Board of respect of any open spaces, churchyards, ceme

bishop, by any license or faculty granted Works, herein called the Metropolitan Board, by teries, and burial grounds of a similar nature under the Metropolitan Open Spaces Act or

virtue of the principal Acts as amended by this which are or shall be vested in them in this Act, and

Act have or may exercise or enjoy with regard to of any other statute, or of which they are otherwise (6.) In the case of any churchyard, cemetery, or open spaces or burial grounds within the

the owners. burial ground which is not consecrated,'the Metropolis or any of them; and for the purposes body from which any such estate, interest, of this Act and in respect of any and every open public walks or pleasure grounds.] The Metropolitan

12. Power of Metropolitan Board with respect to or control as aforesaid is acquired

space or burial ground within any such sanitary Board may purchase or take on lease, lay oute may expressly sanction any euch use of the ground, district, and of any, and every such authority, the plant, improve, and maintain lands for the purpose and may specify any conditions as to the extent of principal Acts shall be read and take effect as if of being used as public walks or pleasure grounds; manner of such use. 3. Provision as to removal of tombstones and monu- “Metropolitan Board” and “Board

the same sanitary district, and as if the words public walks or pleasure grounds provided by any ments.] In the case of any disused churchyard, therein meant the sanitary authority of the same

when used

person whomsoever. cemetery, or burial ground, at least three months district, and as if the words “any two or more before any tombstone or monument is moved, the London daily papers," whenever they occur there

13. Extension of Acts to Ireland.] The principa following steps shall be taken:

Acts and this Act shall apply to Ireland, subject (a.) A statement shall be prepared sufficiently circulating within the sanitary district.” in, meant any two or more local newspapers to the following provisions :

In the said Acts

References to the Public Health Act, 1875, shall be construed as references to the


Pablic Health (Irelanå) Act, 1878 [41 & 42
Vict. c. 52), and the reference to sections one

Portions of the Metropolitan Open Spaces Act, An Act to simplify and amend the Criminal hundred and eighty-two to one hundred

1881, repealed.

Law of Scotland and its Procedure and to and eighty-six of the first-mentioned Act In section one, the following words occurring in

alter the Constitution of the Justiciary and shall be construed as referring to sections the definition of an "open space,” viz., " but Sheriff Courts in Scotland. two hundred and nineteen to two hundred shall not include any enclosed land which has not

[16th September 1887. and twenty-three of the latter Act.

a public road or footpath completely round the
Reference to any private or local Act of same.
Parliament shall be construed so as to
In the same section, the following words occur-

CAP. XXXVI. include any Act of the Parliament of ring in the definition of a "burial ground,” viz., An Act for amending the Allowances payable Ireland. “and in which interments have taken place since

to Clerks of General Meetings of Lieutenancy. References to a “vestry," “ district board,"

the year 1800." “corporation,” or “Metropolitan Board," In the second paragraph of section fire, the

[16th September 1887. shall be construed as references to the words, but such metropolitan board, vestry, or Whereas under the enactments specified in the sanitary authority.

district board shall not allow the playing of any schedule to this Act the clerks of the general and References to the London daily papers shall be games or sports therein."

sub-division meetings of lieutenancy are entitled construed as references to any newspapers,

to certain allowances in respect of duties under daily or weekly, circulating within the

the laws relating to the Yeomanry and to the

CAP. XXXIII. district of the sanitary authority.

Volunteer force; and it is expedient that those References to Her Majesty's Council shall be An Act to amend the Land Law (Ireland) Act, allowances be reduced in the case of clerks who

construed as references to Her Majesty's 1881, and the Purchase of Lånd (Irelavd) have accepted office with notice that their allowPrivy Council in Ireland. Act, 1885, and for other purposes connected

ances are liable to reduction and be abolished in References to the Local Government Board therewith.

[23rd August 1887. the case of clerks hereafter appointed: shall be construed as references to the Local

Be it therefore enacted, &c.: Government Board for Ireland.

1. Short title.] This Act may be cited as the References to the Lands Clauses Act, 1845,


Lieutenancy Clerks Allowances Act, 1887. shall be construed as references to that Act, An Act for the transfer to the Metropolitan as amended by the Lands Clauses Consolida

2. Reduction and gradual abolition of allowances to ation Acts Amendment Act, 1860 (23 & 24

Board of Works and the maintenance of lieutenancy clerks] (1.) A clerk of general or sub, Vict. c. 106], the Railways (Ireland) Act,

certain Public Parks and Works in the division meetings of lieutenancy, if Arst appointed 1851 (14 & 15 Vict. c. 70], the Railways


[23rd August 1887. after the passing of this Act, shall not be entitled

to any allowance under the enactments specified in (Ireland) Act, 1860 (23 & 24 Vict. c. 97], 1. Short title.

the schedule to this Act. the Railways (Ireland) Act, 1864 [27 & 28 Vict. c. 71), and the Railways Traverse Act viz., Victoria Park, Balcersea Perk, Kennington 2. Transfer of certain London parks and works – (2.) Where any such clerk has accepted office

with notice that his allowances under the said enacte [31 & 32 Vict. c. 70]. Nothing contained in the principal Acts or in Embankment-to the Metropolitan Board of Works. Purk, Bethnal Green Museum Garden, and Chelsea ments are liable to reduction, those allowances

may be reduced by such amount as appears to one this Act shall apply to any land for the time being under the management of the Commissioners of

3. Byelaws.

of Her Majesty's Secretaries of State to be equit

able. Public Works in Ireland, or belonging to the 4. Cesser of obligations of Commissioners of Works.

(3.) The enactments specified in the schedule to Benchers of the King's Inns in Dublin.

5. Amendment of 35 | 36 Vict. c. 53.

this Act are hereby repealed to the extent in the 14. Short title and construction.] This Act may be

third column of that schedule mentioned, except cited as the Open Spaces Act, 1887, and may be

6. Transfer of officers.

as to clerks first appointed before the passing of read with the principal Acts as one Act.

7. Date of transfer-viz., 1st November, 1887. this Act.


[blocks in formation]

sum, and


the Post Office Savings Banks Act, 1861 [24 & 25 (a.) for the payment or transfer of sums in any An Act to grant money for the purpose of cer

Vict. c. 14], declared that the enactments then in post office sarings bank which belong to tain Local Loans ; and for other purposes matters for which no other provision was made by

force relating to trustee savings banks, as to persons appearing to be minors or of un. relating to Local Loans.

sound mind, or form part of the personal that Act, should be deemed applicable to that Act, estate of any person appearing to be [16th September 1887. 80 far as such enactments were not repugnant to deceased, and

that Act, and the enactments so applied included (6.) for the transfer of deposits from one account CAP. XXXVIII.

those mentioned in the third column of the First to another account, whether an existing or An Act to provide for the earlier closing of tioned in that schedule, which were in force in Schedule to this Act, and the enactments men

a new account, and premises licensed for the sale of Exciseable 1863, were, so far as regards trustee savings banks,

(c.) for determining the evidence to be accepted Liquors in Scotland. [16th September 1887. repealed and consolidated by the Trustee Savings

by the Postmaster-General of any matter for

the purpose of the payment or transfer of any Banks Act, 1863 [26 & 27 Vict. c. 87], and were CAP. XXXIX.

amended by the Provident Nominations and Small (d.) for determining the receipts which are to be An Act to make provision for altering and Intestacies Act, 1883 [46 & 47 Vict. c. 47]:

a good discharge to the Postmaster-General And whereas under section eleven of the Post in the case of the payment or transfer of any varying Lunacy Districts in Scotland. Office Savings Banks Act, 1861, and subsequent [16th September 1887. Acts relating to post office savings banks, the (e.) for applying to post office savings banks all

Postmaster-General, with the consent of the or any of the enactments of the Trustee CAP. XL.

Treasury, has power to make regulations with Savings Banks Act, 1863 (28 & 27 Vict. c. An Act to amend the Acts relating to Savings savings banks, and matters incidental to the carry. respect to the making of deposits in post office 87], either without modification or with such

modification as may seem necessary or Banks and to the Purchase of Small Govern- ing of the said Acts into execution, and for the proper for the better execution of the Post ment Annuities, and to assuring Payments other purposes in the said Acts mentioned :

Office Savings Banks Act, 1861, and subMoney after Death. [16th September 1887. And wbereas it is expedient to extend the power sequent Acts relating to post office savings Be it enacted, &c. :

of the Postmaster-General with respect to the said banks.

regulations : Be it therefore enacted as follows: (2.) Provided that such regulations shall proPART I.

(1.) The regulations made by the Postmaster. hibit' a person from being a depositor in both & Post Office Savings Banks.

General with the consent of the Treasury in pur- trustee and a post office savings bank, or from

suance of the Post Office Savings Banks Act, 1861, having two separate accounts in the post office 1. Extension of power of Postmaster-General to and of other Acts relating to post office savings savings bank, and shall require such declaration make regulations for post office savings banks.] Whereas banke, may provide

from a depositor as may be necessary for pre

sum, and

& will of the deceased duly of those enactments, shall be deemed to apply for twenty-sixth and twenty-seventh years of the reign

venting his having such two accounts, and shall discharged from all liability in respect of the sum

PART III. provide for the forfeiture, under the conditions paid in accordance with the said regulations. specified in the regulations, of money due to the 4. Laying of regulations before Parliament.] The

Supplemental. depositor in the event of such declaration being draft of all regulations proposed to be made in 10. Price of certificate of birth, death, or marriage.] false.

pursuance of this Act shall be laid before both For the purpose of the Acts relating to Post Office 2. Regulations for trustee savings banks.] The Houses of Parliament for not less than forty days Savings Banks or to trustee savings banks, and of Treasury shall from time to time make, revoke, before they are made, and all such regulations the Government Annuities Acts, 1829 to 1882, a alter, or add to regulations for the purpose of when made shall come into operation at the time certificate of the birth or death or marriage of any ex ending to trustee savings banks any regula- therein mentioned, and shall be binding on all depositor, or of any person insured under any of tions made in pursuance of this Act with respect persons as if they were enacted in this Act. the above-mentioned Acts, shall be given under to post office savings banks so far as those regulations provide

5. Amendment of 43 g 44 Vict. c 36 as to minimum his hand by a registrar of births and deaths or (a.) for the payment or transfer of sums which

sum of stock lo be invested.] The minimum amount marriages, or other person having the care of the belong to persons appearing to be minors or of Government stock in which a deposit may be register in which such birth or death or marriage of unsound mind, or form part of the per. 1880, shall be such amount as may be from time to place of all fees or payments in respect of the same;

invested in pursuance of the Savings Banks Act, is entered for a sum not exceeding one shilling in sonal estate of any person appearing to be deceased ; or

time fixed by regulations made in pursuance of on application being made for the same in such (6.) for the transfer of deposits from one account

that Act, and the amount so fixed for the time form and under such regulations as may be from to another account, whether an existing or a being shall be substituted for ten pounds stock or time to time approved of by the Registrar-General new account; or

stock of the value of ten pounds, wherever of Births, Deaths, and Marriages for England, (c.) for determining the evidence to be accepted reference is made to that amount of stock in the Scotland, and Ireland respectively. of any matter for the purpose of the paysaid Act and Acts amending the same.

11. Repeal.] The Acts mentioned in the First ment or transfer of any sum; or

6. Exception of money invested in computing annual Schedule to this Act shall, to the extent in the (a.) for determining the receipts which are to be maximum.] When any sums not deposited for third column of that Schedule mentioned, be re

a good discharge in the case of the payment immediate investment are invested by any savings pealed as from the date at which any regulations or transfer of any sum. bank authority, on the request of the depositor, in

with respect to post office vings banks made in 3. Regulations as to deposit of deceased depositor.] any. Government stock, any sums previously de- pursuance of Part One of this Act come into (1.) The regulations made in pursuance of this posited in the same savings bank year by such

operation; Act may also providedepositor shall not, except so far as they exceed in

Provided that the repeal by this section shall not (a.) for the nomination by a depositor not being the aggregate the sums invested in that year, be affect anything previously done or suffered in purunder sixteen years of age of any person or reckoned in computing the maximum amount

suance of uny enactment hereby repealed. persons to whom any sum or sums not exwhich is allowed to be deposited in that year.

The Acts mentioned in the Second Schedule to ceeding in the aggregate one hundred

7. Amendment of 43 g 44 Vict, c. 36 as to invest. this Act shall, to the extent in the third column of pounds payable to such depositor at his

ments for lunatics and minors.] Regulations made that schedule mentioned, be repealed as from the decease (including any portion of any under the Savings Banks Act, 1880, may provide date at which any, regulations with respect to annuity or accrued interest payable to the for the investment in Government stock in accord- trustee savings banks made in pursuance of Part representatives of such depositor) ance with that Act of sums standing to the account

One of this Act come into operation. to be paid at such decease, and

of a depositor who is a minor or a lunatic. (6.) for the revocation of such nomination and for the payment of the specified amount to in this part of this Act shall have the same mean8. Construction of part of Act.] (1.) Expressions Savings Banks Act, 1887.

12. Short title.] This Act may be cited as the any nominee so nominated, and

The following Acts and nactments, that is to (c.) for the effect and construction of such ing as they have in the Savings Banks Act, 1880.

say: nomination in the event of the sums due to (2.) So much of any enactment of the Savings

(a.) The Post Office Savings Banks Act, 1861 [24 the depositor exceeding one hundred pounds, Act, 1882 (45 & 46 Vict. c. 51), and of any other Banks Act, 1880, and of the Government Annuities

& 25 Vict. c. 14] ; and may provide for it taking effect as

(6.) The enactments applied by that Act which respects an amount or amounts not exceed enactment as applies for the purposes of such ing one hundred pounds in like manner as enactment or Act the enactments relating to sav

are for the time being in force;

(c.) Section one of the Act of the session of the if it were

ings banks, and the regulations made in pursuance executed, and that notwithstanding want of the same purposes this part of this Act, and save

of Her present Majesty, chapter 14, intituled "An due execution, minority, or marriage.

Act to amend the law relating to Post Office Savings (2.) Where the sum in a savings bank" which as otherwise provided by regulations under this

Banks" ; forms part of the personal estate of a person part of this Act, shall be deemed also to apply for appearing to be deceased does not exceed one

(d.) The Post Office Savings Banks Act, 1874 [37 the same purposes those regulations.

& 38' Vict. c. 73]; hundred pounds, then, if the regulations under


(e.) The Savings Banks Act, 1880 (43 & 44 Vict. this Act so provide, and subject to such regulations, probate, or other proof of the title of the personal

Government Annuities.

c. 36], so far as it relates to post office savings

banks; and representative of the deceased person may be dis 9. Amendment of 45 f 46 Vict. c. 51, s. 8, as to (f.) Parts One and Three of this Act, pensed with, and such sum may be paid or distri- insurance on life of third person.] Notwithstanding may be cited together as the Post Office Savings buted to or among the persons appearing in anything in section eight of the Government Bank Acts, 1861 to 1887. manner provided by the said regulations to be Annuities Act, 1882, a savings bank annuity The Government Annuities Acts, 1829 [10 Geo. beneficially entitled to the personal estate of such depending on the life of any person may, under 4, C. 24] to 1882 [45 & 46 Vict. c. 51), and Parts deceased person, whether under such nomination such circumstances as are permitted by the regula- i'wo and Three of this Act, may be cited together of the deceased person as is allowed by the tions made under the Government Annuities Act, as the Government Annuities Acts, 1829 to 1887. regulations, or by law, or as next of kin, or as 1864 [27 & 28 Vict. c. 43], as amended by the creditors, or otherwise, or to or among any one or above-mentioned Act, be granted to any other 13. Extension of Acts to Channel Islands.] The Post more of such persons, exclusively of the others, or person, and when so 'granted may be transferred, ofice Savings Bank Acts, 1861 to 1887, and tha in case of any illegitimany of the deceased person 50 however, that the amount of annuity or an. or his children, to or among such person

Government Annuities Acts, 1829 to 1887, shall or nuities granted on the life of any person do not extend to the Channel Islands and the Isle of Man, persons as may be directed by the said regulations, exceed in the whole the amount of any annuity and the Royal Courts of the Channel Islands shall and the person making such payment shall be which could have been granted to such person. register the same.


or are

Session and Chapter.


Enactment referred to and repealed.

[blocks in formation]

Section twenty-five (savings of minors may be invested).
Section twenty-nine (receipt of treasurer, &c., of friendly society or

charitable institution deemed sufficient).
Section thirty-two (no sum to be subscribed without name and pro-

fession of the depositor). Section thirty-three (persons allowed to subscribe as trustees on

behalf of others). Section thirty-four (subscribers to one savings bank shall not sub

scribe to any other, and declaration to be made, and penalty for

false declaration).
Section forty (payment on death of depositor).
Section forty-one (exemption from stamp duty and distribution of

effects where under fifty pounds).
Section forty-two (payment to persons appearing to be next-of-kin).
Section forty-three (payment under probate).
Section forty-four (exemption of powers of attorney from stamp



Session and Chapter.


Enactment referred to and repealed.

5 & 6 Will. 4 c. 57

An Act to extend to Scotland certain provisions of an Act

of the ninth year of His late Majesty, to consolidate
and amend the laws relating to savings banks, and to
consolidate and amend the laws relating to savings
banks in Scotland.

Section four (application of the law of Scotland as regards payment

to relations of deceased depositor).

7 & 8 Vict. c. 83

-46 & 47 Vict. c. 47

An Act to amend the laws relating to savings banks, and Section three (declaration by depositors on first deposit).

to the purchase of Government annuities through the Section five (production of book by depositor).
medium of savings banks.

Section seven (trust accounts).
Section ten (payment of deposit of deceased depositor when not

exceeding fifty pounds).
Section eleven (payment of depɔsit of deceased depositor being

illegitimate and intestate). Section twenty (application to Scotland of provisions respecting

probate). The Provident Nominations and Small Intestacies Act, Section three, so far as it relates to post office savings banks (raising 1883.

of fifty pounds to one hundred pounds). Section four, so far as it relates to post office savings banks (printing

of nominations). Section five, so far as it relates to depositors in post office savings

banks (nominating person to receive deposit not exceeding one

hundred pounds). Section ten, so far as it relates to post office savings banks (provisions

relating to legacy and probate duty). Section eleven, so far as it relates to post office savings banks (appli.

cation to Channel Islands and Isle of Man).


Session and Chapter.


Extent of Repeal.

26 & 27 Vict. c. 87

46 & 47 Vict. c. 47

The Trustee Savings Banks Act, 1863.

Sections forty-three, forty-four, forty-five, and forty-six. The Provident Nominations and Small Intestacies Act, Section three, so far as it relates to trustee savings banks (raising of 1883.

fifty pounds to one hundred pounds). Section four, so far as it relates to trustee savings banks (printing of

nominations). Section five, so far as it relates to depositors in trustee savings banks

(nominating person to receive deposit not exceeding one hundred

pounds). Section ten, so far as it relates to trustee savings banks (provisions

relating to Legacy and Probate Duty). Section eleven, so far as it relates to trustee savings banks (applica

tion to Channel Islands and Isle of Man).

CAP. XLI. An Act to remove doubts as to the appointment of the Sheriff of Lanarkshire, and to confirm the same.

[16th September 1887.

An Act to amend and consolidate the Public
Libraries (Scotland) Acts.

[16th September 1887.

CAP. XLIII. An Act to amend the Stannaries Act, 1869, and for other purposes relating thereto.

[16th September 1887. Be it enacted, &c. :

Preliminary. 1. Short title.] This Act may be cited as the Stannaries Act, 1887. 2. Interpretation.] In this Act, The term " the stannaries" means the stan

naries of Cornwall and Devon: The term “vice-warden means the vice-warden

of the stannaries for the time being : “Court" means the vice-warden's court: The registrar” means the registrar for the

time being of the court: The term “

company means any persons or partnership body, joint stock company, company constituted under the Companies Act, 1862 [25 & 26 Vict. c. 89], or any statutory modification thereof, and whether corporate or unincorporate, and whether limited

unlimited, engaged in formed for working mines within the stannaries :

The term “purser” means the purser for the metalliferous mines and tin streaming works

time being of a company, or if there is within the stannaries.
no purser then the secretary for the time 4. Wages to have priority.] Miners employed
being, or if there is no secretary, then the wholly or in part in or about a mine, in respect of
principal agent or manager for the time their wages in relation to the mine, not exceeding
being of a company :

an amount equal to three months wages to each The term "cost book” includes all books person, shall have for such wages a first charge and papers relating to the business of a

upon all mining effects in and about the said mine, mine which are for the time being kept by a belonging to the said mine or to any company by purser, or which, according to law or the whom the said mine is worked, and upon all custom of the stannaries, ought to be kept money of the company in the count-house or in by him:

charge of the purser, agent, or secretary, or other The term "lessors” means the lessor or grantor person on behalf of the company, or at the credit

of any lease, or grant of any mine, or licence of the company at their bankers, and upon all to exercise mining rights and powers, and other assets whatever of the company in respect of includes every person entitled under any the said mine, and such first charge shall, subject such lease, grant, or licence, or any other to the provisions of the tenth section of this Act, instrument whatever, to receive the rents or have priority over all claims for rents, royalties,

dues payable in respect of any mine: dues, or otherwise by the lessors of the said mine, The term "mortgagees” includes all holders of or by mortgagees, or judgment, execution, or

mortgage-debentures, mortgages, or other other creditors of the said company, or by any charges issued by any company:

other persons whatever. The term " sheriff” includes any officer charged with the execution of a writ or otber pro. municated to the manager.]-(1.) If any miner upon

5. Claims of miners on leaving or death to be comThe term "miners” includes all artizans, leaving a mine shall leave with, or forward to the

labourers, and other persons working in manager of the said mine, a written memorandum and about a mine, except the purser, secre

of the wages which he claims to be then owing to tary, agent, or manager:

him, and also of either his own name and address, The term wages includes all earnings by or the name and address of some person to act in

miners arising from any description of piece his behalf, the manager shall forth with enter such or other work, or as tributers or otherwise :

name and address and claim in the books of the The term “mining effects” includes machinery, company. materials, goods, and chattels, and all ores

(2.) On the notification to the manager of the and halvans, and all other personal prop- death of any miner to whom wages are due, the erty appertaining to a mine, or used or intended to be used for mining purposes.

manager shall forth with enter in the books of the

company a memorandum stating the fact of the 3. Extent of Act] This Act extends only to death and the amount of wages due or claimed.

cess :



« PreviousContinue »