(4) Shall by any unlawful act, or by wilful omission or neglect, endanger or cause to be endangered the safety of any person conveyed or being in or upon a railway, or shall aid or assist therein, shall, on conviction thereof in a summary manner before a Stipendiary Magistrate, be imprisoned and kept to hard labour for a term not exceeding twelve calendar months, provided that nothing in this Chapter shall be held to prevent the application of the "Criminal Law Consolidation Acts" (Imperial, 1861), so far as the same relate to railways, and that this Chapter shall be taken cumulatively with the provisions of the said Acts, or of any other Acts now or hereafter applied to the same subject matter. 2. It shall be the duty of every Stipendiary Magistrate before proceeding to the trial of any person charged with any of the offences mentioned in this Chapter, to forward to the Minister of Justice, or in his absence to the Minister of Finance and Customs, a copy of the complaint on oath for his consideration and determination; and if the Minister of Justice, or in his absence the Minister of Finance and Customs, be of opinion that from any cause the charge is a fit subject for prosecution by indictment rather than to be disposed of summarily, the said Stipendiary Magistrate shall deal with the case in all respects as if this Chapter had not been passed. 3. Where any person convicted under this Chapter shall be sentenced to imprisonment for a period exceeding three months, or for any period of time with whipping, he may appeal to the Supreme Court in St. John's or on Circuit, which shall hear and determine such appeal, and confirm, reverse or modify the sentence. 4. Any person appealing under the foregoing section may be admitted to bail during the pending of the appeal, by order of the Supreme Court in St. John's or on Circuit, upon recognizances to abide the judgment of the said Court. SECTION TITLE XXIX. OF BANKS AND BANKING. CHAPTER 208. Of the Newfoundland Savings Bank. 1.-Minister of Finance and Customs and 2. Revenue liable for deposits. 4. Governors to continue in office after ter- 5.-Governor in Council may remove governors, fill vacancies, &c.; vacancies among directors, how filled. 6. Governor mav disallow rules, &c., made by governors. 7.-Directors, how appointed. 1. The Minister of Finance and Customs of this Colony, and such persons as may for the time being have deposits in the bank hereafter named, shall be a body corporate by the name of "The Newfoundland Savings Bank," by which name they shall have continual succession and a common seal, with power to alter the same at pleasure, and shall sue and be sued in all courts and may hold, purchase, demise and convey any real or personal property. 2. The general revenue of this Colony shall be liable for all moneys deposited in the Bank and all interest payable thereon. 3. The Governor in Council shall appoint a cashier and an accountant of the Bank and eight governors thereof, of whom five shall be selected from the members of the House of Assembly, including the Speaker thereof, and three from the Legislative Council; three of the governors of the Bank shall be a quorum, and shall have full power to make, alter and amend rules and regulations for the management of the Bank: Provided that no person shall be a governor thereof who shall be officially con 4. Upon the dissolution or termination by efflux of time, of any Assembly, the governors who may at such time be members of the Assembly shall, subject as hereinafter provided, continue in office until the appointment of their successors, after the meeting of the next Assembly. 5. The Governor in Council may at any time remove any of the governors of the said Bank, and also may at any time fill any vacancy that may occur among the said governors by death, resignation, removal or otherwise. Upon a vacancy occurring among the directors, the governors may elect one of their number to fill such vacancy, to hold office until the next annual election of directors. 6. The Governor in Council may disallow any rule, bye-law, or other proceeding of the governors within one month after the same shall have been adopted; and in order to the exercise of this power, copies of the minutes of the proceedings at every meeting of the governors shall be immediately transmitted to the Colonial Secretary, for the information of the Governor in Council. 7. The governors shall annually elect from among themselves three directors, who shall superintend the affairs of the Bank, in accordance with the rules and bye-laws prescribed for the management thereof. 8. The governors of the said Bank may, subject to the revision of the Governor in Council, fix the salaries of the cashier, accountant, directors, and any necessary officers: Provided that the salaries and incidental expenses of the Bank shall not exceed the sum of eight thousand dollars annually. 9. The directors shall personally superintend the payments and receipts by the cashier, examine his accounts and vouchers, and certify the same; the cashier, shall prepare a statement at the end of every year of the accounts and all proceedings, and a report of the state of the Bank, which shall be examined and certified by the directors, and be laid before the Legislature at the next session thereof. 10. All deposits, moneys, funds, securities, and other property of the Bank shall be kept in a place of safety to be approved of by the Governor in Council, and the cashier shall be liable and give sufficient security, to be approved of by the Governor in Council, for the care, custody and safe-keeping thereof, and for the faithful discharge of the duties of his office; but nothing herein contained shall prevent the directors of the Bank from lending, upon real, personal or Government securities, any 11. Depositors of sums of not less than four dollars, or over two hundred and fifty dollars, for a period of not less than six months, shall receive interest at the rate of three per centum per annum thereon, but no interest shall be calculated on the fractional part of a dollar, or for a less period than a month; and no account shall be opened before the first day of the month next ensuing after the date of the deposit: Provided that the Governor in Council may, by order, define and limit an amount over two hundred and fifty dollars to be received from depositors in the Bank, and the amount thereof upon which interest shall be payable. 12. Any money belonging to or held in trust for an infant, idiot, lunatic, or a feme covert, or which may be paid into the Supreme Court under order or decree of the Court, may be received by the Bank, there to remain subject to the orders of the said Court, but the interest to be allowed thereon shall be in the discretion of the governors, subject to the order of the Governor in Council. 13. The governors may appoint branches or offices of deposit in any part of this Colony for the convenience of persons residing at a distance from St. John's. 14. All disputes touching the deposits or other affairs or business of the Bank may be heard and determined upon petition to the Supreme Court. 15. The profits of the said Bank now existing, and the profits of the said Bank as they shall arise from time to time and all interest accruing thereon, shall be constituted a sinking fund for the liquidation of the public debt of the Colony, and such fund shall be applied in the first instance towards the payment of all debentures of the Colony, which are or may be held by the said Bank. 1. All chartered or incorporated banks in this Colony shall have a preferential lien on the stock of the said banks for any debt due to them by, and for current liability of, any shareholder, whether joint or several. 2. The shares in the capital stock of any chartered or incorporated bank in this Colony shall be assignable and transferable, subject and according to such regulations as may be established in that behalf by the bye-laws of said bank; but no assignment or transfer shall be valid or effectual unless such assignment or transfer shall first be approved of by the board of directors and entered and registered in a book to be kept for that purpose, nor (unless with the sanction of the directors) until the party making the same shall first discharge all his then existing liabilities to the bank, whether direct or collateral, and whether the same shall be payable then or at any future time. 3. It shall be lawful for any such bank to receive deposits from any person or persons whomsoever, whatever be his, her or their age, status, or condition in life, and whether such person or persons be qualified by law to enter into ordinary contracts or not; and from time to time to repay any or all of the principal thereof, and to pay the whole or any part of the interest thereon, to such person or persons respectively without the authority, aid or assistance of any person or persons, official or officials, being required, unless before such repayment the money so deposited in the said bank be lawfully claimed as the property of some other party, in which case it may be paid to the depositor, with the consent of the claimant or to the claimant with the consent of the depositor, any law, usage or custom to the contrary notwithstanding. any 4. No such bank shall be bound to see to the execution of trust, whether expressed, implied, or constructive, to which any deposit may be subject, and, except only in the case of lawful claim by some other party |