such church, chapel, building for religious worship, dwelling-house, barn, stable, or out-house, so damnified, shall be in any city or town that is either a county of itself, or is not within any hundred, that then such damages shall and may be recovered by action to be brought in manner aforesaid, (wherein no essoign, protection, or wager of law, or any imparlance shall be allowed,) against two or more inhabitants of such city or town; and judgment being given for the plaintiff or plaintiffs in such action, the damages so to be rerecovered shall, at the request of such plaintiff or plaintiffs, his or their executors or administrators, made to the justices of the peace of such city or town, at any quarter-sessions to be holden for the said city or town, be raised and levied on the inhabitants of such city or town, and paid to such plaintiff or plaintiffs, in such manner and form, and by such ways and means, as are provided by the said statute made in the seven and twentieth year of the reign of Queen Elizabeth, for reimbursing the person or persons on whom any money recovered against any hundred by any party robbed, shall be levied.

And be it further enacted by the authority aforesaid, That this act shall be openly read at every quarter-sessions, and at every leet or law day.

Provided always, That no person or persons shall be prosecuted by virtue of this act for any offence or offences committed contrary to the same, unless such prosecution be commenced within twelve months after the offence commit

ted.

And be it further enacted by the authority aforesaid, That the sheriffs and their deputies, stewarts and their deputies, bailies of regalities and their deputies, magistrates of royal boroughs, and all other inferior judges and magistrates, and also all high and petty constables, or other peace-officers of any county, stewartry, city, or town, within that part of

Great Britain called Scotland, shall have the same powers and authority for putting this present act in execution within Scotland, as the justices of the peace and other magistrates aforesaid respectively have, by virtue of this act, within, and for the other parts of this kingdom; and that all and every person and persons who shall at any time be convicted of any the offences afore-mentioned, within that part of Great Britain called Scotland, shall, for every such offence, incur and suffer the pain of death, and confiscation of moveables: And also, that all prosecutions for repairing the damages of any church or chapel, or any building for religious worship, or any dwelling-house, barn, stable, or out-house, which shall be demolished or pulled down, in whole, or in part, within Scotland, by any persons unlawfully, riotously, or tumultuously assembled, shall, and may be recovered by summar action, at the instance of the party aggrieved, his or her heirs or executors, against the county, stewartry, city, or borough, respectively, where such disorders shall happen, the magistrates being summoned in the ordinary form, and the several counties and stewartries called by edictal citation at the market-cross of the head borough of such county or stewartry respectively, and that in general, without mentioning their names and designations.

Provided, and it is hereby declared, That this act shall extend to all places for religious worship, in that part of Great Britain called Scotland, which are tolerated by law, and where his Majesty King George, the Prince and Princess of Wales, and their issue, are prayed for in express words.

By the statute 57. of Geo. III. cap. 19, § 38, it is declared, that in every case where any house, shop, or other building whatever, or any part thereof, shall be destroyed, or shall be in any manner damaged or in

jured, or where any fixtures thereto attached, or any furniture, goods, or commodities whatever which shall be therein, shall be destroyed, taken away or damaged, by the act or acts of any riotous or tumultuous assembly of persons, or by the act of any person engaged in or making part of such assembly, the inhabitants of the city, town, or hundred, shall be liable to pay the damages, as in the case of riots under the statute 1. of Geo. I.

Hume, I. 429.

RUNRIG. See COMMONTY.

SALMON FISHING. See FISHERY.

SAVINGS' BANKS.

The statute 59. of Geo. III. cap. 62, "for the pro"tection of banks for savings in Scotland," declares,

That if any number of persons shall be desirous of having the benefit of the provisions of this act, and shall have formed or shall form any institution in any part of Scotland, for the purpose of receiving deposits of money for the benefit of persons depositing the same, and of returning the whole or any part of such deposit, and the produce thereof, to the depositors themselves, or to their heirs, executors, assignees, or other persons entitled thereto under the provisions of this

the

act, deducting only out of such produce so much as shall be requisite for the payment and discharge of the necessary expenses attending the management of such institution, according to such rules, orders and regulations as shall or may be established for that purpose; such persons shall cause the rules, orders and regulations, established or to be established for the management of such institution, to be entered, recorded, and deposited 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.

II. Provided always, and be it further enacted, That no such institution as aforesaid shall have the benefit of this act, unless a written or printed copy of the rules, orders and regulations for the management thereof, signed by two of the managers of such institution, shall be exhibited to the justices of the peace assembled at the quarter sessions of the peace for the shire or stewartry within which such institution. shall be situated; which rules, orders and regulations shall be subject to the review of such justices, who shall and may, after due examination thereof, annul and make void such part of the same as shall be repugnant to this act, and shall allow and confirm the same, or such part thereof as shall be conformable to the true intent and meaning of this act; and after the confirmation as aforesaid of the rules, orders and regulations of such institution, the same shall be signed by the clerk of the said justices attesting their approbation thereof; for which attestation, and all the expense and labour attending the same, the said clerk shall be entitled to charge the sum of ten shillings and sixpence, and no more; and such rules, orders and regulations so attested, shall be deposited with the clerk of the said justices, who is hereby specially required to receive and preserve the same among other the records in his custody, and to grant an attested copy of the same to the person or persons by whom the same

shall have been exhibited, without any fee or reward to be paid in respect thereof; which rules, orders and regulations so attested, shall be entered in a book or books, to be kept for that purpose by such institution; provided that nothing herein contained shall extend to prevent any alteration in or amendment of any such rules, orders and regulations, deposited as aforesaid, or to the repealing or annulling of the same, or any of them, in whole or in part, or to the making of any new rules, orders or regulations for the management of any such institution, in such manner as shall be directed by the rules, orders and regulations thereof; provided such new rules, orders and regulations, or such alterations or amendments shall be entered in the book or books of the said institution kept as aforesaid; and a written or a printed copy thereof shall be exhibited, approved of, attested and deposited as aforesaid, before the same shall be put in force.

III. Provided also, and be it further enacted, That the persons depositing money with any institution, taking the benefit of this act, or their heirs, executors, or other persons entitled thereto, under the provisions of this act, shall have the sole benefit of such deposits, and the produce thereof, in the manner provided by the said rules, orders, and regulations; save only and except such salaries and allowances, or other necessary expenses, as shall, according to such rules, orders, and regulations, be specified for conducting such institution, and for remuneration to clerks and servants employed in the management thereof, exclusive of the trustee or trustees, and other persons having control and direction in the management of such institution, who shall not, directly or indirectly, have any salary, allowance, profit, or benefit whatsoever therefrom, on account of such control and direction, beyond the actual expenses for the purposes of such institution.

IV. And be it further enacted, That all rules, orders and regulations, from time to time made and in force for the management of any institution taking the benefit of this act, and