Banks and Banking Companies against recovered or entered up as aforesaid in any action, suit, or proceeding public officer to at law or in equity, against any public officer of any such company, the company shall have the like operation against the property of such company and against the property of every such member thereof, as aforesaid, as if such judgment had been recovered or obtained against such company; and that the bankruptcy, insolvency, or stopping payment of any such public officer for the time being of such company in his individual capacity, shall not be nor construed to be the bankruptcy, insolvency, or stopping payment of such company. company, 11. And be it further enacted, that execution upon any judgment Execution upon in any action obtained against any public officer for the time being of be issued against any such company carrying on the business of banking under the any member of provisions of this Act, whether as plaintiff or defendant, may be issued against any member or members for the time being of such company; and that in case any such execution against any member or members for the time being of any such company shall be ineffectual for obtaining payment and satisfaction of the amount of such judgment, it shall be lawful for the party so having obtained judgment against such public officer for the time being, to issue execution against any person or against any or persons, who was or were a member or members of such company, a at the time when the contract or engagement, in which such judgment may have been obtained was entered into, or had become a member at any time before such contracts or engagements were executed, or was a member at the time of the judgment obtained. Provided always, that no such execution as last mentioned shall be issued without leave first granted on motion in open Court, and which motion shall be made on notice to the person sought to be charged; nor after the expiration of three years next after any such person shall have ceased to be a member of such company. who was member, &c., upon motion in Court on notice to the person sought to be time charged Limitation of such cases indemnified 12. Provided always, and be it further enacted, that every such officers, &c., in public officer in whose name any such suit or action may have been commenced, prosecuted, or defended, and every person against whom execution upon any judgment obtained or entered up as aforesaid in any such action shall be issued as aforesaid, shall always be reimbursed and fully indemnified for all loss, damages, costs, and charges, without deduction, which any such officer or person may have incurred by reason of such execution, out of the funds of such company, or, in failure thereof, by contribution from the other members of such company, as in the ordinary cases of co-partnership. returns to circulation and 13. And be it further enacted, that all companies, and other per- Quarterly sons, carrying on banking business, and making, and issuing promissory Colonial Secrenotes payable to bearer on demand, shall respectively keep weekly tary of notes in accounts, from the passing of this Act, of the average amount of notes amount of in circulation, and of deposits in the said bank; and from such weekly deposits accounts, shall also make up an account at the end of each quarter, ending on the first day of April, the first day of July, the first day of October, and the first day of January, in each and every year, of the average amount of notes in circulation, and also of the amount of deposits in the preceding quarter; and shall return and deliver such account to the Colonial Secretary for the time being, at his office in the Colony aforesaid; and such accounts and returns shall be verified Such returns to upon the oath of the secretary or accountant, or some officer of the be verified on oath Penalty for default False swearing punished as perjury Penalties; how recovered Banks and Banking Companies company, or person or persons so carrying on banking business, and making such return; which oath shall be taken before any Justice of the Peace, and which oath any Justice of the Peace is hereby authorised to administer; and if any company or persons so carrying on banking business shall neglect to keep such accounts, or to make out such returns, or deliver all or any of such accounts as are required by any of the sections of this Act, or if any person verifying such account shall return or deliver any false account, the company or person or persons to whom such accounts belong shall forfeit, for every such offence, the sum of one hundred pounds; and any person who shall knowingly and wilfully take any false oath as to any such account shall be subject to such punishment and penalties as are by any law in force at the time of taking such oath enacted as to persons convicted of wilful and corrupt perjury. 14. And be it further enacted, that all pecuniary penalties and forfeitures imposed by this Act shall and may be sued for and recovered in the Civil Court of Western Australia, and shall be reserved to the use of His Majesty, his heirs and successors. JAMES STIRLING, GOVERNOR AND COMMANDER-IN-CHIEF. SCHEDULES REFERRED TO BY THIS ACT SCHEDULE A Return or account to be entered at the office of the Colonial Secretary of the said Colony, in pursuance of an Act passed in the eighth year of the reign of King William IV., intituled 'An Act to regulate the Establishment of Banking Companies in the Colony of Western Australia, and to enable the Proprietors of such Companies to sue and be sued in the name of any one of their public officers,' viz.: Firm or name of the banking company, viz.-(set forth the firm or name). company, viz.-(set forth the names and places of abode). Names and places of the bank or banks established by such companies, viz.-(set forth all the names and places). Names and descriptions of the public officers of the said banking company, viz.-(set forth all the names and descriptions). Names of the several towns and places where the bills or notes of the said banking company are to be issued by the said company, or their agent or agents, viz.-(set forth the na mes of the towns and places A. B., of Sworn before me this day of at , in the said Colony. C.D., Justice of the Peace. SCHEDULE B Return or account to be entered at the office of the Colonial Secretary of the said Colony on behalf of (name the company), in pursuance of an Act passed in the Banks and Banking Companies eighth year of the reign of King William IV., intituled (insert the title of this Act), viz.: Names of any and every new or additional public officer of the said com- A.B. in the room of C.D., deceased or removed (as the case may be-set Names of any and every person who may have ceased to be a member of such company, viz.-(set forth every name). Names of any and every person who may have become a new member of such company-(set forth every name). Names of any additional towns or places where bills or notes are to be A.B., of Sworn before me the at day of in the said Colony, C.D., Justice of the Peace. WESTERN AUSTRALIA ANNO SECUNDO VICTORIÆ REGINE No. 1 An Act for adopting and applying certain Acts of the Parliament of the United Kingdom passed in the first year of the reign of Her present Majesty, in the Colony of Western Australia, in like manner as other Laws of England are applied therein. [Assented to 4th April, 1839. WHE WHEREAS certain Acts of the Parliament of the United King- Preamble dom were passed in the first year of the reign of Her present Majesty Queen Victoria, intituled respectively, 1. An Act for the amendment of the Laws with respect to Wills. 1 Vic. c. 26 * 2. An Act to abolish the punishment of Death in cases of Forgery. 1 Vic. c. 84 (Partly repealed by 29 Vic., No. 5.) * 3. An Act to amend the Laws relating to Offences against the Person. 4. An Act to amend the Laws relating to Burglary and stealing in a Dwelling-house. 5. An Act to amend the Laws relating to Robbery and stealing from the Person. * 6. An Act to amend certain Acts relating to the crime of Piracy. 1 Vic. c. 90. 1 Vic. c. 91 It is expedient to adopt the within-named Acts And they are hereby adopted Preamble Adoption of Imperial Acts *7. An Act to amend the Laws relating to burning or destroying Buildings and Ships. * 8. An Act to amend the Law relative to Offences punishable by Transportation. (Partly repealed by 29 Vic., No. 5.) 9. An Act for abolishing the punishment of Death in certain cases. And whereas it is expedient to adopt and apply the said recited Acts of Parliament in the Colony of Western Australia: Be it therefore enacted by His Excellency the Governor of Western Australia, by and with the advice and consent of the Legislative Council thereof, that the said recited Acts of Parliament, and each and every clause, provision, and enactment therein respectively contained, shall be and the same are and is hereby adopted and directed to be applied immediately in the administration of justice, save and except the Act for the Amendment of the Laws with respect to Wills,' which said Act shall not be considered to commence and take effect in this Colony until the expiration of three months from the date of the passing of this Act. " JOHN HUTT, Acts marked thus are repealed either in whole or in portion by 24 & 25 Vic., cap. 95 (Imp.) q.v. That repeal is adopted in this Colony with qualifications by 29 Vic., No. 5, q.v. No. 5 An Act to restrict to a certain extent the Amount of each Bill or Note respectively to be issued under the provisions of an Act intituled 'An Act to regulate the establishment of Banking Companies in the Colony of Western Australia; and to enable the Proprietors of such Companies to sue and be sued in the name of any of their Public Officers,' and to repeal a certain Act heretofore passed for a similar purpose. [Assented to 2nd July, 1840. WH WHEREAS by the first part of the first section of an Act passed in the eighth year of the reign of his late Majesty King William IV., No. 1, intituled 'An Act to regulate the establishment of Banking Companies in the Colony of Western Australia, and to enable the Proprietors of such Companies to sue and be sued in the name of any one of their public officers,' it is enacted that it shall be lawful for any number of persons united in co-partnership to carry on the trade and business of bankers in Western Australia, and to make Banks and Banking Companies and issue their bills or notes payable on demand or otherwise; and whereas it has been deemed expedient to regulate to a certain extent the value or amount of each bill or note respectively, by providing that the bills or notes so to be issued shall be for any integral number of pounds, but not for any fractional part or parts of a pound. 1. Be it therefore enacted by His Excellency the Governor of the Colony of Western Australia and its Dependencies, by and with the advice and consent of the Legislative Council thereof, that it shall not be lawful for any co-partnership or company to make or issue any bill or note payable on demand or otherwise, either for any less amount than one pound sterling, or for any larger amount which expresses any fractional part or parts of a pound sterling. 2. And be it further enacted that the Act passed in the second year of the reign of Her Majesty, No. 9, intituled An Act to amend an Act intituled an Act to regulate the Establishment of Banking Companies in the Colony of Western Australia, and to enable the Proprietors of such Companies to sue and be sued in the name of any one of their public officers,' shall be and the same is hereby declared to be repealed. JOHN HUTT, Bills or notes 8th Wm. IV., be for any less pound, or for any sum 1 to 6 (inclusive). [Repealed by 7 Vic., No. 16.] Act 2nd Victoria, No. 6 6 No. An Act to promote the Building of Churches and Chapels, Amended and to contribute towards the maintenance of Ministers and 7' Vic., No. of Religion in Western Australia. 16 [Assented to 16th July, 1840. HEREAS for the advancement of the Christian religion, and for Preamble the encouragement of the observance of Public Worship in the Colony of Western Australia, it is expedient to issue from the revenue of the said Colony, sums to be applied in aid of the erection of Churches and Chapels and of the maintenance of Ministers of Religion: Regulating the issue of public money in aid of the erection of Churches and Chapels, and Ministers' Dwellings Ministers' stipends 7. And be it enacted that before any sum of money shall be issued Appointment of from the Colonial Treasury towards the building of any church or trustees |
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