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Companies to sue and be sued in the Names of
6 G. 4. c. 42.
in force relating to the Duties under the Management of the Co missioners of Stamps; and it shall be lawful in all Cases for t Commissioners of Stamps and Taxes, either before or after a Proceedings commenced for Recovery of any such Penalty, mitigate or compound any such Penalty as the said Commission shall think fit, and to stay any such Proceedings after the sa shall have been commenced, and whether Judgment may have be. obtained for such Penalty or not, on Payment of Part only of a such Penalty, with or without Costs, or on Payment only of t Costs incurred in such Proceedings, or of any Part thereof, or such other Terms as such Commissioners shall judge reasonabl Provided always, that in no such Proceeding as aforesaid shall a Essoign, Protection, Wager of Law, nor more than One Imp lance be allowed; and all pecuniary Penalties imposed by incurred under this Act, by whom or in whose Name soever same shall be sued or prosecuted for or recovered, shall go a be applied to the Use of Her Majesty, and shall be deemed to and shall be accounted for as Part of Her Majesty's Reven arising from Stamp Duties, any thing in any Act contained, any Law or Usage, to the contrary in anywise notwithstanding Provided always, that it shall be lawful for the Commissione of Stamps and Taxes, at their Discretion, to give all or any Pa of such Penalties as Rewards to any Person or Persons who shal have detected the Offenders, or given Information which ma have led to their Prosecution and Conviction.
XXX. And be it enacted, That after the passing of this A every Company or Copartnership of more than Six Persons estab lished before the passing of this Act, for the Purpose of carrying on the Trade or Business of Bankers within the Distance Fifty Miles from Dublin, shall have the same Powers and Privi leges of suing and being sued, and of presenting Petitions to found Sequestrations or Fiats in Bankruptcy, in the Name of any one of the public Officers of such Company or Copartnership, as the nominal Plaintiff, Petitioner, or Defendant, on behalf of such Company or Copartnership, as are provided with respect to Com panies carrying on the said Trade or Business at any Place in Ireland exceeding the Distance of Fifty Miles from Dublin, under the Provisions of an Act passed in the Sixth Year of the Reign of King George the Fourth, intituled An Act for the better Reg lation of Copartnerships of certain Bankers in Ireland; and all Judgments, Decrees, and Orders made and obtained in any Action, Suit, or other Proceeding brought, instituted, or carried on by cr against any such Company or Copartnership carrying on Business within the Distance of Fifty Miles from Dublin, in the Name of their public Officer, shall have the same Effect and Operation, and may be enforced in like Manner in all respects, as is provided in and by the last-mentioned Act with respect to the Judgments, Decrees, and Orders therein mentioned; provided that every such Company or Copartnership as last aforesaid shall make out and deliver from Time to Time to the Commissioners of Stamps, Taxes the several Accounts or Returns required by the last mentioned Act; and all the Provisions of the last-mentioned Act as to such Accounts or Returns shall be taken to apply to the
Accounts or Returns so made out and delivered by the said last
mentioned Companies, as if they had been originally included in the Provisions of the last-mentioned Act.
XXXI. And whereas a certain Joint Stock Banking Company, Provision in called and known as "The Tipperary Joint Stock Bank," case of Deter* refrained from issuing its own Bank Notes, under a certain mination of Agreement with the Governor and Company of the Bank of existing Agree* Ireland for the Issue of the Bank Notes of the said Governor Bank of Ireland and Company, which Agreement is determinable by either Party and Tipperary upon certain Notice to the other Party, and it is just that in case Joint Stock such Agreement should at any Time hereafter during the Con- Bank. tinuance of this Act be determined and put an end to by the Governor and Company of the Bank of Ireland, that the said Tipperary Joint Stock Bank should receive by way of Compensation such Composition as hereafter mentioned;' be it therefore enacted, That if the said Agreement shall be at any Time hereafter during the Continuance of this Act determined or put an end to by the Governor and Company of the Bank of Ireland, then and in such Case the said Governor and Company shall from the Termination of the said Agreement pay and allow to the said Tipperary Joint Stock Bank, so long as the latter shall continue to carry on the Business of a Bank and to issue exclusively the Notes of the Governor and Company of the Bank of Ireland, a Composition at and after the Rate of One per Centum per Annum on the average annual Amount of the Bank of Ireland Notes issued by the said Tipperary Joint Stock Bank, and kept in Circalation, such average annual Amount to be ascertained by the Bank of Ireland in the Manner provided for regulating the Compensation to be made to certain Bankers by the Bank of England in and by the Act passed in the Seventh and Eighth Years of the Reign of Her present Majesty, intituled An Act to regulate 7&8 Vict. c. 32. the Issue of Bank Notes, and for giving to the Governor and Company of the Bank of England certain Privileges for a limited Period: Provided always, that the total Sum payable to the Tipperary Joint Stock Bank by way of Composition as aforesaid in any One Year shall not exceed One per Cent. on an Amount that hath been agreed on by and between the Bank of Ireland and the Tipperary Joint Stock Bank, and certified by both Banks to the Commissioners of Stamps and Taxes; and such Composition shall cease to be payable from and after the First Day of January One thousand eight hundred and fifty-six.
XXXII. And be it enacted, That the Term "Bank Note" used Interpretation in this Act shall extend and apply to all Bills or Notes for the of Act. Payment of Money to the Bearer on demand; and that the Term "Banker" shall, when the Bank of Ireland be not specially excepted, extend and apply to the Governor and Company of the Bank of Ireland, and to all other Corporations, Societies, Partnerships, and Persons, and every individual Person carrying on the Business of Banking, whether by the Issue of Bank Notes or otherwise; and that the Word "Coin" shall be construed to mean the Coin of this Realm; and that the Word "Person" used in this Act shall include Corporations; and that the Singular Number used in this Act shall include the Plural Number, and the Plural Number the Singular, except where there is any thing in the Context repugnant to such Construction; and that the Mascu
line Gender in this Act shall include the Feminine, except whe there is any thing in the Context repugnant to such Constructio XXXIII. And be it enacted, That this Act may be amend or repealed by any Act to be passed in the present Session Parliament.
SCHEDULES referred to in the foregoing Act.
Name and Title set forth in Licence
Name of the Firm
Head Offices or principal Places of Issue
AMOUNT of NOTES in Circulation on £5 and upwards
J Under £5
AMOUNT of GOLD and SILVER COIN held at the head Office or principal Pla of Issue at the Close of Business on
TOTAL AMOUNT of COIN held at the Close of Business on Saturday the
of each Period of Four Weeks.]
[To be inserted in the Account at the End Amount of Notes authorized by Certificate Average Amount of Notes in Circulation during the Four Weeks ending as above Average Amount of Coin held during the said f Gold Four Weeks
£5 and upwards £
being the [Banker, Chief Cashier, Director, or Partner,
as the Case may be], do hereby certify, That the above is a true Account of the Notes in Circulation, and of the Coin held by the said Bank, as
I hereby certify, That each of the Bankers named in the above Return who have in Circulation an Amount of Notes beyond that authorized in their Certificate [with the Exception of A.B. or C.D., as the Case may be,] have held an Amount of Gold and Silver Coin not less than that which they are required to hold during the Period to which this Return relates.
[Day] [Month] [Year]
Twenty-one Days after Date I promise to pay to A.B. of [Place], or his
Order, the Sum of
for Value received by
And the Endorsement, toties quoties.
Pay the Contents to G.H. of [Place], or his Order.
[Place] [Day] [Month]
Twenty-one Days after Date pay to A.B. of [Place], or his Order, the Sum of
Value received, as advised by
To E.F. of [Place].
[Day] [Month] [Year]
And the Endorsement, toties quoties.
Pay the Contents to J.K. of [Place], or his Order.
7 & 8 Vict. c. 32. s. 10.
ing to be entitled to issue
Bank Notes to give Notice to Commissioners of Stamps and Taxes.
Commissioners to certify exist. ing Banks of Issue and Limitation of Issue.
An Act to regulate the Issue of Bank Notes in Scotland. [21st July 1845.] WHEREAS by an Act made and passed in the Eighth Year of the Reign of Her Majesty, intituled An Act to regulate 'the Issue of Bank Notes, and for giving to the Governor and Company of the Bank of England certain Privileges for a limited 'Period, it was enacted, that from and after the passing of that 'Act no Person, other than a Banker, who on the Sixth Day of May One thousand eight hundred and forty-four was lawfully issuing his own Bank Notes, should make or issue Bank Notes in any Part of the United Kingdom: And whereas it is expedient 'to regulate the Issue of Bank Notes by such Bankers as are now by Law authorized to issue the same in Scotland?' Be it there fore enacted by the Queen's most Excellent Majesty, by and with the Advice and Consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the Authority of the same, That every Banker claiming to be entitled to issue Bank Notes in Scotland shall, within One Month next after the passing of this Act, give Notice in Writing to the Commissioners of Stamps and Taxes, at their head Office in London, of such Claim, and of the Place and Name and Firm at and under which such Banker has issued such Notes in Scotland during the Year next preceding the First Day of May One thousand eight hundred and forty-five, and thereupon the said Commissioners shall ascertain if such Banker was on the Sixth Day of May One thousand eight hundred and forty-four, and from thence up to the First Day of May One thousand eight hundred and forty-five, carrying on the Business of a Banker and lawfully issuing his own Bank Notes in Scotland, and if it shall so appear then the said Commissioners shall proceed to ascertain the average Amount of the Bank Notes of such Banker which were in Circulation during the said Period of One Year preceding the First Day of May One thousand eight hundred and forty-five, according to the Returns made by such Banker in pursuance of the Act passed in the Fourth and Fifth Years of the Reign of Her present Majesty, 4 & 5 Vict. c. 50. intituled An Act to make further Provision relative to the Returns to be made by Banks of the Amount of their Notes in Circu lation; and the said Commissioners, or any Two of them, shall certify under their Hands to such Banker the average Amount when so ascertained as aforesaid, omitting the Fractions of a Pound, if any; and it shall be lawful for every such Banker to continue to issue his own Bank Notes after the Sixth Day of December One thousand eight hundred and forty-five, to the Extent of the Amount so certified, and of the Amount of Gold and Silver Coin held by such Banker at the head Office or principal Place of Issue of such Banker, in the Proportion and Manner herein-after mentioned, but not to any further Extent; and from and after the Sixth Day of December One thousand eight hundred and fortyfive it shall not be lawful for any Banker to make or issue Bank Notes in Scotland, save and except only such Bankers as shall have obtained such Certificate from the Commissioners of Stamps and Taxes.