22. Commission ers of Stamps and Taxes empowered to cause the books of taining Ac counts of their taken into account, nor shall any Banker be authorized to make and issue Bank Notes in Ireland 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. 5 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 Bankers, con- by this Act, it is necessary that the Coinmissioners of Stamps and Taxes should be empowered to cause the books of Bankers issuing such Notes, and the amount of Gold and Silver Coin held by such 10 Bankers as aforesaid, to be inspected as hereinafter 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 15 to be issued by such Bank, of or relating to the amount of such Notes in circulation from time to time, or of or relating to the Gold or 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 20 amount of such Notes in circulation, and Gold or 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 25 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 30 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 such 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 35 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 40 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. Penalty for refusing to allow such inspection. And 5 And be it Enacted, That every Banker in Ireland, other than the Bank of Ireland, who is now carrying on or shall hereafter carry on business as such, 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 office in Dublin, 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 10 the business of Banking, and of every place where such business is carried on; and if any such Banker 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 so offending shall forfeit or pay the sum of 15 Fifty Pounds; and the said Commissioners of Stamps and Taxes shall, on or before the First day of March in every year, publish in the Dublin Gazette, a copy of the return so made by every Banker within such town or county respectively, as the case may be. And be it Ena cted, That if the monthly average circulation of 20 Bank Not es 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 afore25 said, shall have exceeded the amount which such Banker was authorized to issue, and to have in circulation as aforesaid. 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 30 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 Ireland, shall from and after the First day of January One thousand 35 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 act, device or 40 means whatsoever, publish or utter in Ireland 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 any wise negotiable or transferable, B4 or 23. All Bankers to return names once a year to the Stamp Office. 25. CLAUSE (D.) Notes for less than 208. not negotiable in Ireland. 26. CLAUSE (E.) Notes for 20s. and above, and less than 5%., to be drawn in certain form. or shall negotiate or transfer the same in Ireland, 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. 5 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, or 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 Ireland at 10 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 same 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 15 shall be made payable within the space of Twenty-one Days next after the date thereof, and shall not be transferable or negotiable after the time hereby limited for payment thereof; and that every indorsement 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 20 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 indorsement, 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 Schedule to this Act annexed, marked (D.) and (E.); and that all Promissory or other Notes, Bills of Exchange or Drafts or Undertakings in writing, 30 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 Ireland 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 40 notwithstanding; provided 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 Ireland authorized by this Act to continue the issue of Bank Notes. 25 35 And 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 reissue in Ireland any Promissory Note payable on demand to the bearer 5 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 10 aforesaid, except as aforesaid, shall for every such Note so made, signed, issued or re-issued, forfeit the sum of Twenty Pounds. And be it Enacted, That if any body politic or corporate, or person or persons shall, from and after the passing of this Act, publish, utter or negotiate in Ireland any Promissory or other Note (not 15 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 20 Pounds, should remain undischarged, made, drawn or indorsed in any other manner than as is hereinbefore directed; every such body politic or corporate, or person or persons so publishing, uttering or negotiating any such Promissory or other Note (not being such Bank Note as aforesaid), Bill of Exchange, Draft or Undertaking in 25 writing as aforesaid, shall forfeit and pay the sum of Twenty Pounds. 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 30 the person by whom such Draft or Order shall be drawn. 35 40. 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 Attorney-General or SolicitorGeneral in Ireland, or of the Solicitor of Stamps in Ireland, 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 Dublin, or by Civil Bill in the Court of the Recorder, Chairman or Assistant-Barrister within whose local jurisdiction any offence shall have been committed, in respect of any such penalty, 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 Ireland, in such and 31. Interpretation Clause. 32. Act may be amended. 5 the same manner as any other penalties imposed by any of the laws 25 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; 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, 30 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; 35 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 masculine gender in this Act shall include the feminine, except where there is anything in the context repugnant to 40 such construction. 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 |