Alteration of Act. 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 And be it enacted, That this Act may be amend or repealed by any Act to be passed in the present Session Parliament.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. SCHEDULE (A.) 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 Day of J Under £5 TOTAL AMOUNT of GOLD and SILVER COIN held at the head Office or principal Pla TOTAL AMOUNT of COIN held at the Close of Business on Saturday the 18 Gold TOTAL £ £ £ £ [To be inserted in the Account at the End of each Period of Four Weeks.] Amount of Notes authorized by Certificate Average Amount of Notes in Circulation £5 and upwards £ during the Four Weeks ending as above Average Amount of Coin held during the said ƒ Gold Four Weeks એ એ એ એ મ £ £ £ £ 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. Dated this Day of (Signed). 18 . Officer of Stamp Duties. [Place] SCHEDULE (D.) [Day] [Month] [Year] Twenty-one Days after Date I promise to pay to A.B. of [Place], or his Order, the Sum of Witness, E.F. for Value received by And the Endorsement, toties quoties. Pay the Contents to G.H. of [Place], or his Order. C.D. A.B. Witness, J.K. SCHEDULE (E.) [Year] [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]. And the Endorsement, toties quoties. Witness, G.H. [Day] [Month] [Year] Pay the Contents to J.K. of [Place], or his Order. C.D. Witness, L.M. A.B. CAP. 7 & 8 Vict. c. 32. s. 10. Bankers claiming 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 6 CA P. XXXVIII. An Act to regulate the Issue of Bank Notes in Scotland. 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 Circulation; 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. II. Pro II. Provided always, and be it enacted, That if it shall be made Provision for to appear to the Commissioners of Stamps and Taxes that any Two united Banks. or more Banks have by written Contract or Agreement (which Contract or Agreement shall be produced to the said Commissioners) become united within the Year next preceding such First Day of May One thousand eight hundred and forty-five, it shall be lawful for the said Commissioners to ascertain the average Amount of the Notes of each such Bank in the Manner hereinbefore directed, and to certify a Sum equal to the average Amount of the Notes of the Two or more Banks so united, as the Amount which the united Bank shall thereafter be authorized to issue, subject to the Regulations of this Act. be published III. And be it enacted, That the Commissioners of Stamps and Duplicate of Taxes shall, at the Time of certifying to any Banker such Par- Certificate to ticulars as they are herein-before required to certify, also publish in the Gazette. a Duplicate of their Certificate thereof in the next succeeding London Gazette in which the same may be conveniently inserted; and the Gazette in which such Publication shall be made shall be Gazette to be conclusive Evidence in all Courts whatsoever of the Amount of Evidence. Bank Notes which the Banker named in such Certificate or Duplicate is by Law authorized to issue and to have in Circulation as aforesaid, exclusive of an Amount equal to the monthly average Amount of the Gold and Silver Coin held by such Banker as herein provided. Bank Notes issue. IV. And be it enacted, That in case it shall be made to appear In case Banks to the Commissioners of Stamps and Taxes, at any Time hereafter, become united, Commissioners that any Two or more Banks have by written Contract or Agreeto certify the ment (which Contract or Agreement shall be produced to the said Amount of Commissioners) become united subsequently to the passing of this Act, it shall be lawful to the said Commissioners, upon the Appli- which each cation of such united Bank, to certify in manner herein-before Bank was aumentioned the Aggregate of the Amount of Bank Notes which thorized to such separate Banks were previously authorized to issue under the separate Certificates previously delivered to them, and so from Time to Time; and every such Certificate shall be published in manner herein-before directed, and from and after such Publication the Amount therein stated shall be and be deemed to be the Limit of the Amount of Bank Notes which such united Bank may have in Circulation, exclusive of an Amount equal to the monthly average Amount of the Gold and Silver Coin held by such Bank, as herein provided. if any Parts of a Pound pro. hibited. V. And be it enacted, That all Bank Notes to be issued or re- Issue of Notes issued in Scotland shall be expressed to be for Payment of a Sum for fractional in Pounds Sterling, without any fractional Parts of a Pound; and Banker in Scotland shall, from and after the Sixth Day of December One thousand eight hundred and forty-five, make, sign, issue, or re-issue any Bank Note for the fractional Part of a Pound Sterling, or for any Sum together with the fractional Part of a Pound Sterling, every such Banker so making, signing, issuing, or re-issuing any such Note as aforesaid shall for each Note so made, signed, issued, or re-issued forfeit or pay the Sum of Twenty Pounds. VI. And Limitation of Bank Notes in Circulation. Issuing Banks to render Ac counts weekly. What shall be VI. And be it enacted, That from and after the Sixth Day of December One thousand eight hundred and forty-five it shall not be lawful for any Banker in Scotland to have in Circulation, upon the Average of a Period of Four Weeks, to be ascertained as hereinafter mentioned, a greater Amount of Notes than an Amount composed of the Sum certified by the Commissioners of Stamps and Taxes as aforesaid and the monthly average Amount of Gold and Silver Coin held by such Banker at the head Office or principsi Place of Issue of such Banker during the same Period of Four Weeks, to be ascertained in manner herein-after mentioned. VII. And be it enacted, That every Banker who after the Sixth Day of December One thousand eight hundred and forty-five shall issue Bank Notes in Scotland shall, on some One Day in every Week after the Thirteenth Day of December One thousand eight hundred and forty-five (such Day to be fixed by the Comm sioners of Stamps and Taxes), transmit to the said Commissioners a just and true Account of the Amount of Bank Notes of such Banker in Circulation at the Close of the Business on the next preceding Saturday, distinguishing the Notes of Five Pounds and upwards, and the Notes below Five Pounds, and also an Account of the total 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 each Day of the Week ending on the same Saturday, and also an Account of the total Amount of Gold and Silver Coin in Scotland held by such Banker at the Close of Business on that Day; and on completing the first Period of Four Weeks, and so on completing each sue cessive Period of Four Weeks, every such Banker shall annex te such Account the average Amount of Bank Notes of such Banke? in Circulation during the said Four Weeks, distinguishing the Bank Notes of Five Pounds and upwards and the Notes below Five Pounds, and the average Amount of Gold and Silver Coin respectively held by such Banker at the head Office or principal Place of Issue in Scotland of such Banker during the said Four Weeks, and also the Amount of Bank Notes which such Banker is, by the Certificate published as aforesaid in the London Gazette, authorized to issue under the Provisions of this Act; and every such Account shall specify the head Office or principal Places of Issue in Scotland of such Banker, and shall be verified by the Signature of such Banker or his Chief Cashier, or in case of a Company or Partnership by the Signature of the Chief Cashier or other Officer duly authorized by the Directors of such Company or Partnership, and shall be made in the Form to this Act annexed marked (Â.); and if any such Banker shall neglect refuse to render any such Account in the Form and at the Time required by this Act, or shall at any Time render a false Account, such Banker shall forfeit the Sum of One hundred Pounds for every such Offence. or VIII. And be it enacted, That all Bank Notes shall be deemed to be in Circulation from the Time the same shall have been issued by any Banker, or any Servant or Agent of such Banker, until the same shall have been actually returned to such Banker, or some Servant or Agent of such Banker. IX. And |