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c. 23.

any impression of any mark, stamp, or punch, made or to be 23 & 24 G. 3, made in pursuance of this act, by any maker or makers of any gold wares, or by the warden or wardens, or deputy warden or deputy wardens, or assayer or assayers of either of the said assay offices respectively, or shall transpose or remove, or cause to be transposed or removed, from one piece of gold manufacture to another, or from any piece of gold manufacture to any manufacture or manufactures made of any kind of metal, or of any mixed metals, or of any composition containing any metal or metals of any kind whatever, any mark or stamp, or any impression of any mark, stamp, or punch, made or to be made on any manufacture of gold in pursuance of this act, by any maker or makers of gold wares, or by the warden or wardens, or deputy warden or deputy wardens, or assayer or assayers of either of the said assay offices respectively; or shall have in his or her possession, shall sell or expose to sale, shall exchange or expose to be exchanged, shall export, or shall put, or cause to be put on board any ship or vessel, with intent to export out of this kingdom, any manufacture made of gold, or of any kind of metal, or of any mixed metals, or of any composition containing any metal or metals of any kind whatever, upon which such counterfeited or imitated mark, stamp, or impression shall have been made as aforesaid, or to which such real mark, stamp, or impression shall have been transposed or removed as aforesaid, knowing such mark, stamp, or impression to have been counterfeited or imitated as aforesaid, or such real mark, stamp, or impression to have been transposed or removed as aforesaid; every such person being lawfully convicted of such offence or offences respectively, shall be transported to some of his majesty's colonies, plantations, or settlements in Asia, Africa, or America, for seven years, or fined in such sum, and confined for such time, as shall seem meet to the judge before whom such person shall be convicted.

or that

than fine by one grain in

29. That no finer, refiner, or parter of gold, shall sell Refiners or expose to sale, shall exchange or expose to be exchanged, any shall only gold, other than and except fine gold, and without any mixture sell fine gold, of alloy, or gold less than fine by one grain in the ounce only, which is less upon pain of forfeiting such gold, or the value thereof. 6 Geo. 4, c. 42 (a), s. 2. [Recites the 1 & 2 Geo. 4, c. 72; the ounce. and enacts that it shall be lawful for any number of persons in copartnership, exceeding six, and not having any establishment or place of business within fifty miles of Dublin, to carry on the trade of banking, as partnerships of six had previously done; and to take up money on their bills or notes payable on demand, or at any time after date or sight; and to issue such notes at any place exceeding fifty miles from Dublin; all the

(a) Entitled, “An act for the better regulation of copartnerships of certain bankers in Ireland."

6 G. 4, c. 42, individuals composing the partnership being liable for the payment of such bills and notes; the 21 & 22 Geo. 3, (by which the Bank of Ireland was established,) or the 1 & 2 Geo. 4, c. 72, notwithstanding.]

Certified

returns shall

of the appointment of public officers.

6. [Before the 25th of March in each year, the secretary or other officer shall make out an account (signed by himself, and verified on oath before a justice,) and deliver the same at the stamp office in Dublin; in which shall be set out,—the name of the firm, the name and residence of every partner as they appear on the books, the name of every bank established by the copartnership, and the names of two or more partners resident in Ireland, (each of whom shall be considered a public officer of the society,) and their titles of office; in the name of any one of whom the society shall sue and be sued; and also the name of every town where bills or notes are issued.]

[Upon receipt of the above account, the stamp office shall deliver one stamped certificate in respect of each banking establishment, stating the name of the copartnership, of all the places of business, and of the public officers; which certificate shall be dated on the day it is granted, and shall be in force until the 25th of March following: it shall also be evidence of the appointment of such public officers.]

9 Geo. 4, c. 80, s. 16. [But if the banking establishments exceed four in number, only four certificates need be granted, viz. three distinct certificates for any three establishments, and one for all the rest.] By this act also, provision is made for allowing licensed bankers to issue notes on unstamped paper. Copartnerships desirous of doing so, shall exchange their certificates for licenses, and enter into certain bonds.

11 Geo. 4, & 1 Will. 4, c. 32, s. 6. [The names of new or additional public officers or banking establishments shall be delivered in to the stamp office, and additional certificates obtained, which shall continue in force until the 25th of March following, and shall be sufficient evidence of the appointment and authority of the public officers.]

7. That a copy of any such account or return so filed or kept copies of the and registered at the stamp office, as by the said recited act of be evidence the sixth year of the reign of his present majesty and by this act is directed, and which copy shall be certified to be a true copy, under the hand or hands of one or more of the commissioners of stamps, or other officer or officers of the stamp office in London or Dublin for the time being, upon proof made that such certi ficate has been signed with the hand-writing of the person or persons making the same, and whom it shall not be necessary to prove to be a commissioner or commissioners, officer or officers, shall in all proceedings, civil or criminal, and in all cases whatsoever, be received in evidence as proof of the appointment and authority of the public officers named in such account or return, and also of the fact that all persons named therein as members

of such society or copartnership, were members thereof at the 11 G. 4, & 1 date of such account or return.

W. 4, c. 32.

8. That the said commissioners of stamps or other officers of Commission. the stamp office for the time being, shall, and they are hereby ers of stamps required, upon application made to them by any person or &c. shall suppersons requiring a copy, certified according to this act, of any copies of ply certified such account or return as aforesaid, in order that the same may returns. be produced in evidence, or for any other purpose, to deliver to the person or persons so applying for the same, such certified copy, he, she, or they paying for the same the sum of ten shillings, and no more.

officers.

6 Geo. 4, c. 42, s. 10, (pars,)—That all indictments, informa- Indictments &c. shall be tions, and prosecutions, by or on behalf of such society or coprosecuted in partnership, for any stealing or embezzlement of any money, name of one goods, effects, bills, notes, securities, or other property of or be- of the public longing to such society or copartnership, or for any fraud, forgery, crime or offence, committed against, or with intent to injure or defraud such society or copartnership, shall and lawfully may be had, preferred, and carried on in the name of any one of the public officers, nominated as aforesaid for the time being, of such society or copartnership; and that in all indictments and informations, to be had or preferred by or on behalf of such society or copartnership, against any person or persons whomsoever, notwithstanding such person or persons may happen to be a member or members of such society or copartnership, it shall be lawful and sufficient to state the money, goods, effects, bills, notes, securities, or other property of such society or copartnership, to be the money, goods, effects, bills, notes, securities, or other property of any one of the public officers, nominated as aforesaid for the time being, of such society or copartnership; and that any forgery, fraud, crime, or other offence committed against, or with intent to injure or defraud such society or copartnership, shall and lawfully may, in such indictment or indictments, notwithstanding as aforesaid, be laid or stated to have been committed against, or with intent to injure or defraud any one of the public officers, nominated as aforesaid for the time being, of such society or copartnership, and any offender or offenders may thereupon be lawfully convicted for any such forgery, fraud, crime or offence; and that in all other allegations, indictments, informations, or other proceedings, of any kind whatsoever, in which it otherwise might or would have been necessary to state the names of the persons composing such society or copartnership, it shall and may be lawful and sufficient to state the name of any one of the public officers, nominated as aforesaid for the time being, of such society or copartnership: and the death, resignation, removal, or any act of such public officer shall not abate or prejudice any such action, suit, indictment, information, prosecution, or other proceeding commenced against, or by, or on behalf of such society or copartnership; but the same may be continued, prosecuted, and carried

U

6 G. 4, c- 42. on in the name of any other of the public officers of such society or copartnership for the time being.

Members may be indicted for

frauds, &c. on copartnership.

Act to extend to existing partners for the

time being.

Embezzlement by clerks &c., felony. + Sic.

20. That if any person or persons being a member or members of any copartnership of bankers in Ireland, shall steal or embezzle any money, goods, effects, bills, notes, securities, or other property, of or belonging to such society or copartnership, or shall commit any fraud, forgery, crime or offence against, or with intent to injure or defraud such society or copartnership, such member or members shall be liable to indictment, information, prosecution, or other proceeding, in the name of any one of the public officers nominated for the time being, of such society or copartnership, for every such fraud, forgery, crime or offence, and may thereupon be lawfully convicted, as if such person or persons had not been, or was or were not a member or members of such society or copartnership; any law, usage, or custom to the contrary notwithstanding.

21. That this act, and the powers and provisions herein contained shall extend, and be at all times construed to extend to any society or copartnership for banking in Ireland, consisting of more than six persons in number, and to the members thereof for the time being, during the continuance of such society or copartnership, whether the same do or shall consist of all or some only of the persons who originally were, or, at the time of the passing of this act, may have subscribed to, or may be members of any such society or copartnership, or of all or some only of those persons together with some other persons, or entirely of some other persons, all of whom became or may become members of such society or copartnership, at any time after the original institution thereof, or subsequent to the passing of this act.

23. That if any cashier or clerk of any banker or bankers, or of any society or copartnership, ort bankers, or of any merchant or merchants, or of any officer or officers entrusted with the receipt or custody of public money in Ireland, shall, without the consent of such banker or bankers, or society or copartnership, or merchant or merchants, or officer or officers, embezzle or take away money, cash, notes, or securities for money to the value of fifty pounds sterling, belonging to such banker or bankers, or society or copartnership, or merchant or merchants, or entrusted to the care of such officer or officers, with an intent to defraud such banker or bankers, or society or copartnership, or merchant or merchants, or officer or officers, such cashier or clerk shall, upon conviction thereof, be adjudged to be guilty of felony, and shall be transported for life or for any term of years, as the court before whom such offender shall be convicted shall think fit to order and adjudge and every person who shall receive such money, notes, or securities for money, from such cashier or clerk, knowing them to be so taken away with intent to defraud such banker or bankers, or society or copartnership, or merchant or merchants, or officer or officers, shall be likewise adjudged to be guilty of

:

felony, and shall be transported for life or for any term of years, 6 G. 4, c. 42. as the court before whom such offender shall be convicted shall

think fit to order and adjudge.

SECTION 2.

Smuggling and other Offences against the Customs.

3&4 Will. 4, c. 51 (a), s. 27.-That if any person or persons Forging any shall knowingly and wilfully forge or counterfeit, or cause or draft, &c. on receiver geprocure to be forged or counterfeited, or knowingly and wilfully neral of cusact or assist in forging or counterfeiting the name or hand- toms; felony, transporta writing of any receiver-general of the customs, or of any tion. controller-general of the customs, or of any person acting for them respectively as aforesaid, to any draft, instrument, or writing whatsoever, for or in order to the receiving or obtaining any of the money in the hands or custody of the governor and company of the bank of England, on account of the receiver-general of the customs; or shall forge or counterfeit, or cause or procure to be forged or counterfeited, or knowingly and wilfully act or assist in the forging or counterfeiting any draft, instrument, or writing in form of a draft made by such receiver-general or person as aforesaid; or shall utter or publish any such, knowing the same to be forged or counterfeited, with an intention to defraud any person whomsoever; every such person or persons so offending, being thereof lawfully convicted, shall be and is and are hereby declared and adjudged to be guilty of felony, and shall be transported beyond the seas for life.

oath.

29. That upon examinations and inquiries made by any By whom witnesses surveyor-general of the customs, or any inspector-general of may be exthe customs, for ascertaining the truth of facts relative to the amined on customs, or the conduct of officers or persons employed therein, and upon the like examinations and inquiries made by the collector and controller of any outport in the united kingdom, or of any port in the Isle of Man, or made by any person or persons in any of the British possessions abroad appointed by the commissioners of his majesty's customs to make such examinations and inquiries, any person examined before him or them as a witness shall deliver his testimony on oath, to be administered by such of the surveyors-general, or such of the inspectors-general, or such collector and controller, or such person or persons as shall examine him, and who are hereby authorized to administer such oath; and if such person shall be convicted of making a false False swearoath touching any of the facts so testified on oath, or of giving ing, perjury. false evidence on his examination on oath, before any of the surveyors-general or inspectors-general of the customs, or such

(a) Entitled " An act for the management of the customs."

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