Return. IX. And be it enacted, That from the Returns so made by each Commissioners Banker to the Commissioners of Stamps and Taxes the said Com- of Stamps and missioners shall, at the End of the first Period of Four Weeks after Taxes to make a monthly the said Sixth Day of December One thousand eight hundred and forty-five, and so at the End of each successive Period of Four Weeks, make out a general Return in the Form to this Act annexed marked (B.) of the monthly average Amount of Bank Notes in Circulation of each Banker in Scotland during the last preceding Four Weeks, and of the average Amount of all the Gold and Silver Coin held by such Banker, and certifying under the Hand of any Officer of the said Commissioners duly authorized for that Purpose, in the Case of each such Banker, whether such Banker has held the Amount of Coin required by Law during he Period to which the said Return shall apply, and shall publish he same in the next succeeding London Gazette in which the same can be conveniently inserted. ; Mode of ascertaining the average Amount of Bank Notes of each Banker cember 1845. X. And be it enacted, That for the Purpose of ascertaining the monthly average Amount of Bank Notes of each Banker in Circulation, the Aggregate of the Amount of Bank Notes of each such Banker in Circulation at the Close of the Business on Saturday of each Week during the first complete Period of Four Weeks in Circulation, next after the Sixth Day of December Öne thousand eight hundred and Gold Coin, and forty-five shall be divided by the Number of Weeks, and the during the first Average so ascertained shall be deemed to be the Average of Four Weeks Bank Notes of each such Bank in Circulation during such Period after 31st Deof Four Weeks, and so in each successive Period of Four Weeks and the monthly average Amount of Gold and Silver Coin respectively held as aforesaid by such Banker shall be ascertained in like Manner from the Amount of Gold and Silver Coin held by such Banker at the head Office or principal Place of Issue in Scotland of such Banker at the Close of Business on Saturday in each Week during the same Period; and the monthly average Amount of Bank Notes of each such Banker in Circulation during any such Period of Four Weeks is not to exceed a Sum made up by adding the Amount certified by the Commissioners of Stamps and Taxes as aforesaid and the monthly average Amount of Gold and Silver Coin held by such Banker as aforesaid during the same Period. Bankers, Silver XI. And be it enacted, That in taking Account of the Coin In taking the held by any such Banker as aforesaid, with respect to which Bank Account of Notes to a further Extent than the Sum certified as aforesaid by Coin held by the Commissioners of Stamps and Taxes may, under the Provi- Coin not to exsions of this Act, be made and issued, no Amount of Silver Coin ceed Proportion exceeding One Fourth Part of the Gold Coin held by such Banker of One Fourth as aforesaid shall be taken into account, nor shall any Banker be of Gold. authorized to make and issue Bank Notes in Scotland on any Amount of Silver Coin held by such Banker exceeding the Proportion of One Fourth Part of the Gold Coin held by such Banker as aforesaid. XII. And whereas, in order to ensure the rendering of true Commissioners ' and faithful Accounts of the Amount of Bank Notes in Circula- of Stamps and 6 tion, and the Amount of Gold and Silver Coin held by each Taxes em Banker, as directed by this Act, it is necessary that the Com- powered to 'missioners cause the Books of Bankers containing Accounts of their Bank Notes in Circulation, and of Gold Coin, to be inspected. Penalty for refusing to allow such Inspection. All Bankers to return their Names once a 'missioners of Stamps and Taxes should be empowered to cause XIII. And be it enacted, That every Banker in Scotland wh is now carrying on or shall hereafter carry on Business as such other than the Bank of Scotland, the Royal Bank of Scotland, a the British Linen Company, shall, on the First Day of January » each Year, or within Fifteen Days thereafter, make a Return to the Commissioners of Stamps and Taxes, at their head Office in London, of his Name, Residence, and Occupation, or in the Case of a Company or Partnership, of the Name, Residence, and Occu pation of every Person composing or being a Member of such Company or Partnership, and also the Name of the Firm under which such Banker, Company, or Partnership carry on the Busi ness of Banking, and of every Place where such Business is carried on; and if any such Banker, Company, or Partnership shall omit or refuse to make such Return within Fifteen Days after the said First Day of January, or shall wilfully make other tha than a true Return of the Persons as herein required, every Banker, Company, or Partnership so offending shall forfeit or pay the Sum of Fifty Pounds; and the said Commissioners of Stamps and Taxes shall on or before the First Day of March in every Year publish in some Newspaper circulating within each Town or County respectively in which the head Office or principal Place of Issue of any such Banker be situated a Copy of the Return so made by every Banker, Company, or Partnership carrying on the Business of Bankers within such Town or County respectively, as the Case may be. in excess. XIV. And be it enacted, That if the monthly average Circu- Penalty on ation of Bank Notes of any Banker, taken in the Manner herein Banks issuing irected, shall at any Time exceed the Amount which such Banker authorized to issue and to have in Circulation under the Proviions of this Act, such Banker shall in every such Case forfeit a sum equal to the Amount by which the average monthly Circustion, taken as aforesaid, shall have exceeded the Amount which such Banker was authorized to issue and to have in Circulation is aforesaid. XV. And whereas by an Act passed in the Third and Fourth Bank of EngYears of the Reign of His late Majesty King William the land Notes not Fourth, intituled An Act for giving to the Corporation of the a legal Tender Governor and Company of the Bank of England certain Privi- in Scotland. leges for a limited Period, under certain Conditions, it was enacted, that from and after the First Day of August One thousand eight hundred and thirty-four, unless and until Parliament should otherwise direct, a Tender of a Note or Notes of the Governor and Company of the Bank of England, expressed to be payable to Bearer on demand, should be a legal Tender to the Amount expressed in such Note or Notes, and should be taken to be valid as a Tender to such Amount for all Sums above Five Pounds on all Occasions on which any Tender of Money may be legally made, so long as the Bank of England should continue to pay on demand their said Notes in legal Coin; provided always, that no such Note or Notes should be deemed a legal Tender of Payment by the Governor and Company of the Bank of England, or any Branch Bank of the said Governor and Company: And whereas Doubts have arisen as to the Extent of the said Enactment;' for Removal whereof be it enacted and declared, That nothing in the said last-recited Act contained shall extend or be construed to extend to make the Tender of a Note or Notes of the Governor and Company of the Bank of England legal Tender in Scotland: Provided always, that nothing in this Proviso. Act contained shall be construed to prohibit the Circulation in Scotland of the Notes of the Governor and Company of the Bank of England, as heretofore. negotiable negotiable in Scotland. XVI. And be it enacted, That all Promissory or other Notes, Notes for less Bills of Exchange, or Drafts, or Undertakings in Writing being than 20s. not or transferable, for the Payment of any Sum or Sums of Money, or any Orders, Notes, or Undertakings in Writing, negotiable or transferable, for the Delivery of any Goods, specifying their Value in Money less than the Sum of Twenty Shillings in the whole, heretofore made or issued, or which shall being 8 & 9 VICT. of Bankers containing Accounts of their Bank Notes in Circulation, and of Gold Coin, to be inspected. Penalty for refusing to allow such Inspection. All Bankers to Names once a 'missioners of Stamps and Taxes should be empowered to caus 'the Books of Bankers issuing such Notes, and the Gold an Silver Coin held by such Bankers as aforesaid, to be inspecte as herein-after mentioned;' be it therefore enacted, That al and every the Book and Books of any Banker who shall iss Bank Notes under the Provisions of this Act, in which shall b kept, contained, or entered any Account, Minute, or Memorandaa of or relating to the Bank Notes issued or to be issued by sac Banker, or of or relating to the Amount of such Notes in Circula tion from Time to Time, or of or relating to the Gold and Silve Coin held by such Banker from Time to Time, or any Account Minute, or Memorandum the Sight or Inspection whereof may tend to secure the rendering of true Accounts of the aver Amount of such Notes in Circulation and Gold and Silver Can held as directed by this Act, or to test the Truth of any wi Account, shall be open for the Inspection and Examination all seasonable Times of any Officer of Stamp Duties authoriz that Behalf by Writing signed by the Commissioners of Star and Taxes or any Two of them; and every such Officer shall! at liberty to take Copies of or Extracts from any such Book Account as aforesaid, and to inspect and ascertain the Amount any Gold or Silver Coin held by such Banker; and if Bank or other Person keeping any such Book, or having the Custo or Possession thereof or Power to produce the same, shall, ur Demand made by any such Officer showing (if required) his A thority in that Behalf, refuse to produce any such Book to sử Officer for his Inspection and Examination, or to permit him inspect and examine the same, or to take Copies thereo Extracts therefrom, or of or from any such Account, Minute. Memorandum as aforesaid, kept, contained, or entered therein, any Banker or other Person having the Custody or Possessi of any Coin belonging to such Banker shall refuse to permit prevent the Inspection of such Gold and Silver Coin as aforesaid, every such Banker or other Person so offending shall for every such Offence forfeit the Sum of One hundred Pounds: Provided always, that the said Commissioners shall not exercise the Powers aforesaid without the Consent of the Commissioners of Hr Majesty's Treasury. if any XIII. And be it enacted, That every Banker in Scotland w! is now carrying on or shall hereafter carry on Business as suc other than the Bank of Scotland, the Royal Bank of Scotland, the British Linen Company, shall, on the First Day of January each Year, or within Fifteen Days thereafter, make a Return to the Commissioners of Stamps and Taxes, at their head Office a London, of his Name, Residence, and Occupation, or in the Case of a Company or Partnership, of the Name, Residence, and Ocea pation of every Person composing or being a Member of such Company or Partnership, and also the Name of the Firm under which such Banker, Company, or Partnership carry on the Bus ness of Banking, and of every Place where such Business is carried on; and if any such Banker, Company, or Partnership shall omit or refuse to make such Return within Fifteen Daya after the said First Day of January, or shall wilfully make other tha than a true Return of the Persons as herein required, every Banker, Company, or Partnership so offending shall forfeit or pay the Sum of Fifty Pounds; and the said Commissioners of Stamps and Taxes shall on or before the First Day of March in every Year publish in some Newspaper circulating within each Town or County respectively in which the head Office or principal Place of Issue of any such Banker be situated a Copy of the Return so made by every Banker, Company, or Partnership carrying on the Business of Bankers within such Town or County respectively, the Case may be. XIV. And be it enacted, That if the monthly average Circu- Penalty on tion of Bank Notes of any Banker, taken in the Manner herein Banks issuing irected, shall at any Time exceed the Amount which such Banker in excess. authorized to issue and to have in Circulation under the Provions of this Act, such Banker shall in every such Case forfeit a am equal to the Amount by which the average monthly Circuation, taken as aforesaid, shall have exceeded the Amount which ach Banker was authorized to issue and to have in Circulation $ aforesaid. in Scotland. XV. And whereas by an Act passed in the Third and Fourth Bank of Eng. a legal Tender in Scotland: Provided always, that nothing in this Proviso. Scotland. XVI. And be it enacted, That all Promissory or other Notes, Notes for less Bills of Exchange, or Drafts, or Undertakings in Writing being than 20s. not negotiable or transferable, for the Payment of any Sum or Sums negotiable in of Money, or any Orders, Notes, or Undertakings in Writing, being negotiable or transferable, for the Delivery of any Goods, Specifying their Value in Money less than the Sum of Twenty Shillings in the whole, heretofore made or issued, or which shall 8 & 9 VICT. hereafter Ff |