Bankers claiming to be entitled to issue Bank Notes to give Notice to Commissioners of Stamps and Taxes.

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 [4 & 5 Vict. c. 50.] Act passed in the Fourth and Fifth Years of the Reign of Her present Majesty, 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 ;

Commissioners to certify existing Banks of Issue and Limitation of Issue.

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 forty-five 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.

IIProvision for united Banks.

Provided always, and be it enacted, That if it shall be made to appear to the Commissioners of Stamps and Taxes that any Two 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 herein-before 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.

IIIDuplicate of Certificate to be published in the Gazette. Gazette to be Evidence.

And be it enacted, That the Commissioners of Stamps and Taxes shall, at the Time of certifying to any Banker such Particulars as they are herein-before required to certify, also publish 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 conclusive Evidence in all Courts whatsoever of the Amount of 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.

IVIncase Banks become united, Commissioners fro certify the Amount of Bank Notes which each Bank was authorized to issue.

And be it enacted, That in case it shall be made to appear to the Commissioners of Stamps and Taxes, at any Time hereafter, that any Two or more Banks have by written Contract or Agreement (which Contract or Agreement shall be produced to the said Commissioners) become united subsequently to the passing of this Act, it shall be lawful to the said Commissioners, upon the Application of such united Bank, to certify in manner herein-before mentioned the Aggregate of the Amount of Bank Notes which 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.

VIssue of Notes for fractional Parts of a Pound prohibited.

And be it enacted, That all Bank Notes to be issued or reissued in Scotland shall be expressed to be for Payment of a Sum in Pounds Sterling, without any fractional Parts of a Pound; and if any 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.

VILimitation of Bank Notes in Circulation.

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 herein after 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 principal Place of Issue of such Banker during the same Period of Four Weeks, to be ascertained in manner herein-after mentioned.

VIIIssuing Banks to render Accounts weekly.

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 Commissioners 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 successive Period of Four Weeks, every such Banker shall annex to such Account the average Amount of Bank Notes of such Banker 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, ana shall be made in the Form to this Act annexed marked (A.); and if any such Banker shall neglect or 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.

VIIIWhat shall be deemed to be Bank Notes in Circulation.

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.

IXCommissioners of Stamps and Taxes to make a monthly Return.

And be it enacted, That from the Returns so made by each Banker to the Commissioners of Stamps and Taxes the said Commissioners shall, at the End of the first Period of Four Weeks after 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 sueh Banker, whether such Banker has held the Amount of Coin required by Law during the Period to which the said Return shall apply, and shall publish the same in the next succeeding London Gazette in which the same can be conveniently inserted.

XMode of ascertaining the average Amount of Bank Notes of each Banker in Circulation, and Gold Coin, during the first Four Weeks after 31st December 1845.

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 next after the Sixth Day of December One thousand eight hundred and forty-five shall be divided by the Number of Weeks, and the Average so ascertained shall be deemed to be the Average of Bank Notes of each, such Bank in Circulation during such Period, of 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.

XIIn taking the Account of Coin held by Bankers, Silver Coin not to exceed the Proportion of One Fourth of Gold.

And be it enacted, That in taking Account of the Coin held by any such Banker as aforesaid, with respect to which Bank Notes to a further Extent than the Sum certified as aforesaid by the Commissioners of Stamps and Taxes may, under the Provisions of this Act, be made and issued, no Amount of Silver Coin exceeding One Fourth Part of the Gold Coin held by such Banker as aforesaid shall betaken into account, nor shall any Banker be 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.

XIICommissioners of Stamps and Taxes empowered to 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.

And whereas, in order to ensure the rendering of true and faithful Accounts of the Amount of Bank Notes in Circulation, and the Amount of Gold and Silver Coin held by each Banker, as directed by this Act, it is necessary that the Commissioners of Stamps and Taxes should be empowered to cause the Books of Bankers issuing such Notes, and the Gold and Silver Coin held by such Bankers as aforesaid, to be inspected as herein-after mentioned; be it therefore enacted, That all and every the Book and Books of any Banker who shall issue Bank Notes under the Provisions of this Act, in which shall be kept, contained, or entered any Account, Minute, or Memorandum of or relating to the Bank Notes issued, or to be issued by such Banker, or of or relating to the Amount of such Notes in Circulation from Time to Time, or of or relating to the Gold and Silver 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 average Amount of such Notes in Circulation and Gold and Silver Coin held as directed by this Act, or to test the Truth of any such Account, shall be open for the Inspection and Examination at all seasonable Times of any Officer of Stamp .Duties authorized in that Behalf by Writing signed by the Commissioners of Stamps and Taxes, or any Two of them ; and every such Officer shall be at liberty to take Copies, of or Extracts .from any such Book or Account as aforesaid, and to inspect and ascertain the. Amount of any Gold or Silver Coin held by such Banker; and if any Banker or other Person keeping any such Book, or having the Custody or Possession thereof or Power to produce the same, shall, upon Demand made by any such Officer showing -(if required) his Authority in that Behalf, refuse to produce any such Book to suck Officer for his Inspection and Examination, or to permit him to inspect and examine the same, or to take Copies thereof or Extracts therefrom, or of or from any such Account, Minute, or Memorandum as aforesaid, kept, contained, or entered therein, or if any Banker or other Person having the Custody or Possession of any Coin belonging to such Banker shall refuse to permit or 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 Her Majesty's Treasury.

XIIIAll Bankers to return their Names once a Year to the Stamp Office.

And be it enacted, That every Banker in Scotland who is now carrying on or shall hereafter carry on Business as such, other than the Bank of Scotland, the Royal Bank of Scotland, and the British Linen Company, shall, on the First Day of January in 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 Occupation 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 Business 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 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.

XIVPenalty on Banks issuing in excess.

And be it enacted, That if the monthly average Circulation of Bank Notes of any Banker, taken in the Manner herein directed, shall at any Time exceed the Amount which such Banker is authorized to issue and to have in Circulation under the Provisions of this Act, such Banker shall in every such Case forfeit a Sum equal to the Amount by which the average monthly Circulation, taken as aforesaid, shall have exceeded the Amount which such Banker was authorized to issue and to have in Circulation as aforesaid.

XVBank of England Notes not a legal Tender in Scotland. Proviso.

And whereas by an Act passed in the Third and Fourth Years of the Reign of His late Majesty King William the Fourth, intituled An Act for giving to the Corporation of the Governor and Company of the Bank of England certain Privileges 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 a legal Tender in Scotland : Provided always, that nothing in this 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.

XVINotes for less than 20s. not negotiable in Scotland.

And be it enacted, That all Promissory or other Notes, Bills of Exchange, or Drafts, Or Undertakings in Writing, being negotiable or transferable, for the Payment of any Sum or Sums 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 hereafter be made or issued in Scotland, shall, from and after the First Day of January One thousand eight hundred and forty-six, be and the same are hereby declared to be absolutely void and of no Effect, any Law, Statute, Usage, or Custom to the contrary thereof in anywise notwithstanding; and that if any Person or Persons shall, after the First Day of January One thousand eight hundred and forty-six, by any Art, Device, or Means whatsoever, publish or utter in Scotland any such Notes, Bills, Drafts, or Engagements as aforesaid for a less Sum than Twenty Shillings, or on which less than the Sum of Twenty Shillings shall be due, and which shall be in anywise negotiable or transferable, or shall negotiate or transfer the same in Scotland, every such Person shall forfeit and pay for every such Offence any Sum not exceeding Twenty Pounds nor less than Five Pounds, at the Discretion of the Justice of the Peace who shall hear and determine such Offence.

XVIINotes of 20s., or above, and less than 5l., to be drawn in, certain Form.

And be it enacted, That all Promissory or other Notes, Bills of Exchange, or Drafts, or Undertakings in Writing, being negotiable or transferable, for the Payment of Twenty Shillings, 6r any Sum of Money above that Sum and less than Five Pounds, or on which Twenty Shillings, or above that Sum and less than Five Pounds, shall remain undischarged, and which shall be issued within Scotland at any Time after the First Day of January One thousand eight hundred and forty-six, shall specify the Names and Places of Abode of the Persons respectively to whom or to whose Order the game shall be made payable, and shall bear Date before or at the Time of drawing or issuing thereof, and not on any Day subsequent thereto, and shall be made payable within the Space of Twenty-one Days next after the Day of the Date thereof, and shall not be transferable or negotiable after the Time hereby limited for Payment thereof, and that every Endorsement to be made thereon shall be made before the Expiration of that Time, and to bear Date at or not before the Time of making thereof, and shall specify the Name and Place of Abode of the Person or Persons to whom or to whose Order the Money contained in every such Note, Bill, Draft, or Undertaking is to be paid; and that the signing of every such Note, Bill, Draft, or Undertaking, and also of every such Endorsement, shall be attested by One subscribing Witness at the least; and which said Notes, Bills of Exchange, or Drafts, or Undertakings in Writing, may be made or drawn in Words to the Purport or Effect as set out in the Schedules to this Act annexed marked (C.) and (D.) ; and that all Promissory or other Notes, Bills of Exchange, or Drafts, or Undertakings in Writing, being negotiable or transferable, for the Payment of Twenty Shillings, or any Sum of Money above that Sum and less than Five Pounds, or in which Twenty Shillings, or above that Sum and less than Five Pounds, shall remain undischarged, and which shall be issued in Scotland at any Time after the said First Day of January One thousand eight hundred and forty-six, in any other Manner than as aforesaid, and also every Indorsement on any such Note, Bill, Draft, or other Undertaking to be negotiated under this Act, other than as aforesaid, shall and the same are hereby declared to be absolutely void, any Law, Statute, Usage, or Custom to the contrary thereof in anywise notwithstanding: Provided always, that nothing in this Clause contained shall be construed to extend to any such Bank Notes as shall be lawfully issued by any Banker in Scotland authorized by this Act to continue the Issue of Bank Notes.

XVIIIPenalty for Persons, other than Bankers hereby authorized, issuing Notes payable on demand for less than 5l.

And be it enacted, That if any Body Politic or Corporate or any Person or Persons shall, from and after the said First Day of January One thousand eight hundred and forty-six, make, sign, issue, or re-issue in Scotland any Promissory Note payable on demand to the Bearer thereof for any Sum of Money less than the Sum of Five Pounds, except the Bank Notes of such Bankers as are hereby authorized to continue to issue Bank Notes as aforesaid, then and in either of such Cases every such Body Politic or Corporate or Person or Persons so making, signing, issuing, or re-issuing any such Promissory Note as aforesaid, except as aforesaid, shall for every such Note so made, signed, issued, or re-issued forfeit the Sum of Twenty Pounds.

XIXPenalty for Persons, other than Bankers hereby authorized, uttering or negotiating Notes, Bills of Exchange, &c. transferable, for Payment of 20s. or less than 5l.

And be it enacted, That if any Body Politic or Gorporate or Person or Persons shall, from and after the passing of this Act, publish, utter, or negotiate in Scotland any Promissory or other Note (not being the Bank Note of a Banker hereby authorized to continue to issue Bank Notes), or any Bill of Exchange, Draft,: or Undertaking in Writing, being negotiable or transferable, for. the Payment of Twenty Shillings, or above that Sum and less than Five Pounds, or on which Twenty Shillings, or above that Sum and less than Five Pounds, shall remain undischarged, made, drawn; or indorsed in any other Manner than as is herein-before directed, every sueh Body Politic or Corporate on Person or Persons so publishing, uttering, of negotiating any such Promissory or other Note (not being sueh; Bank Note as aforesaid), Bill of Exchange, Draft, or Undertaking, in Writing, as aforesaid, shall forfeit and pay the Sum of Twenty Pounds;

XXNot to prohibit Checks on Bankers.

Provided always, and be it enacted That nothing herein; contained shall extend to prohibit any Draft or Order drawn by any Person on his Banker, or on any Person acting as such Banker, for the Payment of Money held by such Banker or Person to the Use of the Person by whom such Draft or Order shall be drawn.

XXIMode of recovering Penalties.

And be it enacted, That all pecuniary Penalties under this Act may be sued or prosecuted for and recovered for the Use of Her Majesty, in the Name of Her Majesty's Advocate General or Solicitor General in Scotland, or of the Solicitor of Stamps and Taxes in Scotland, or of any Person authorized to sue or prosecute for the same, by Writing under the Hands of the Commissioners of Stamps and Taxes, or in the Name of any Officer of Stamp Duties, by Action of Debt, Bill, Plaint, or Information in the Court of Exchequer in Scotland, or, in respect of any Penalty not exceeding Twenty Pounds, by Information or Complaint before One or more Justice or Justices of the Peace in Scotland, in such and the same Manner as any other Penalties imposed by any of the Laws now in force relating to the Duties under the Management of the Commissioners of Stamps ; and it shall be lawful in all Cases for the Commissioners of Stamps and Taxes, either before or after any Proceedings commenced for Recovery of any such Penalty, to mitigate or compound any such Penalty, as the said Commissioners shall think fit, and to stay any such Proceedings after the same shall have been commenced, and whether Judgment may have been obtained for such Penalty or not, on Payment of Part only of any such Penalty, with or without Costs, or on Payment only of the Costs incurred in such Proceedings, or of any Part thereof, or on such other Terms as such Commissioners shall judge reasonable: Provided always, that in no such Proceeding aforesaid shall any Essoign, Protection, Wager of Law, nor more than One Imparlance be allowed; and all pecuniary Penalties imposed by or incurred under this Act, by whom or in whose Name soever the same shall be sued or prosecuted for or recovered, shall go and be applied to the Use of Her Majesty, and shall be deemed to be and shall be accounted for as Part of Her Majesty's Revenue arising from Stamp Duties, any thing in any Act contained, or any Law or Usage, to the contrary in anywise notwithstanding : Provided always, that it shall be lawful for the Commissioners of Stamps and Taxes, at their Discretion, to give all or any Part of such Penalties as Rewards to any Person or Persons who shall have detected the Offenders, or given Information which may have led to their Prosecution and Conviction.

XXIIInterpretation of Act.

And be it enacted, That the Term " Bank Notes " used in this Act shall extend and apply to all Bills or Notes for the Payment of Money to the Bearer on demand, other than Bills and Notes of the Governor and Company of the Bank of England; and that the Term " Banker" shall extend and apply to all 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 " Person " used in this Act shall include Corporations ; and that the Word " Coin" shall mean the Coin of this Realm; and that the Singular Number in this Act shall include the Plural, and the Plural Number the Singular, except where there is any thing in the Context repugnant to such Construction; and that the Masculine Gender in this Act shall include the Feminine, except where there is any thing in the Context repugnant to such Construction.

XXIIIAlteration of Act.

And be it enacted, That this Act may be amended or repealed by any Act to be passed in the present Session of Parliament.

SCHEDULES to which this Act refers.

SCHEDULE (A.)

SCHEDULE (B.)

SCHEDULE (C.)

SCHEDULE (D.)