+ Sic.

Account to be filed, and may be inspected.

Fee.

Account to be

verified by Secretary or other

Public Officer herein mentioned.

Of what Matters certified Copies of such Returns to be Evidence.

Commissioners of Stamps to give certified Copies of Affidavits.

Fee.

nership, and also the Names and Places of Abode of Two or more Persons, being Members of such Corporation or Copartnership, and being resident in England, who shall have been appointed Public Officers of such Corporation or Copartnership, together with the Title of Office or other Description of every such Public Officer respectively, in the Name of any One of whom such Corporation shall sue and be sued as hereinafter provided, and also the Name of every Town and Place where any of the Bills or Notes of such Corporation or Copartnership shall be issued by any such Corporation or by their Agent or Agents; and every such Amount or Return shall be delivered to the Commissioners of Stamps, at the Stamp Office in London, who shall cause the same to be filed and kept in the said Stamp Office, and an Entry and Registry thereof to be made in a Book or Books to be there kept for that Purpose by some Person or Persons to be appointed by the said Commissioners in that Behalf, and which Book or Books any Person or Persons shall from time to time have liberty to search and inspect on Payment of the Sum of One Shilling for every Search.

V. And be it further enacted, That such Account or Return shall be made out by the Secretary or other Person, being One of the Public Officers appointed as aforesaid, and shall be verified by the Oath of such Secretary or other Public Officer, taken before any Justice of the Peace, and which Oath any Justice of the Peace is hereby authorized and empowered to administer; and that such Account or Return shall, between the Twenty eighth. Day of February and the Twenty fifth Day of March in every Year, after such Corporation or Copartnership shall be formed, be in like Manner delivered by such Secretary or other Public Officer as aforesaid, to the Commissioners of Stamps, to be filed and kept in the Manner and for the Purposes as hereinbefore mentioned.

VI. And be it further enacted, That a Copy of any such Account or Return so filed or kept and registered at the Stamp Office, as by this Act is directed, and which Copy shall be certified to be a true Copy under the Hand or Hands of One or more of the Commissioners of Stamps for the Time being, upon Proof made that such Certificate has been signed with the Handwriting of the Person or Persons making the same, and whom it shall not be necessary to prove to be a Commissioner or Commissioners, shall in all Proceedings, Civil or Criminal, and in all Cases whatsoever, be received in Evidence as Proof of the Appointment and Authority of the Public Officers named in such Account or Return, and also of the Fact that all Persons named therein as Members of such Corporation or Copartnership were Members thereof at the. Date of such Account or Return.

VII. And be it further enacted, That the said Commissioners of Stamps for the Time being shall and they are hereby required, upon Application made to them by any Person or Persons requiring a Copy certified according to this Act, of any such Account or Return as aforesaid, in order that the same may be produced in Evidence or for any other Purpose, to deliver to the Person or Persons so applying for the same such certified Copy, he, she or they paying for the same the Sum of Ten Shillings and no more.

VIII. Pro

Members in the

VIII. Provided also, and be it further enacted, That the Secretary Account of or other Officer of every such Corporation or Copartnership shall new Officers or and he is hereby required, from time to time, as often as Occasion Course of any shall render it necessary, make out upon Oath, in Manner herein- Year to be before directed, and cause to be delivered to the Commissioners made by such of Stamps as aforesaid, a further Account or Return according Public Officers. to the Form contained in the Schedule marked (B) to this Act annexed, of the Name or Names of any Person or Persons who shall have been nominated or appointed a new or additional Public Officer or Public Officers of such Corporation or Copartnership, and also of the Name or Names of any Person or Persons who shall have ceased to be Members of such Corporation or Copartnership, and also of the Name or Names of any Person or Persons who shall have become a Member or Members of such Corporation or Copartnership, either in addition to or in the Place or Stead of any former Member or Members thereof, and of the Name or Names of any new or additional Town or Towns, Place or Places, where such Bills or Notes are or are intended to be issued, and where the same are to be made payable; and such further Accounts or Returns shall from time to time be filed and kept, and entered and registered at the Stamp Office in London, in like Manner as is hereinbefore required with respect to the original or annual Account or Return hereinbefore directed to be made.

IX. And be it further enacted, That all Actions and Suits, and also all Petitions to found any Commission of Bankruptcy against any Person or Persons, who may be at any Time indebted to any such Copartnership carrying on Business under the Provisions of this Act, and all Proceedings at Law or in Equity under any Commission of Bankruptcy, and all other Proceedings at Law or in Equity to be commenced or instituted for or on behalf of any such Copartnership against any Person or Persons, Bodies Politic or Corporate, or others, whether Members of such Copartnership or otherwise, for recovering any Debts or enforcing any Claims or Demands due to such Copartnership, or for any other Matter relating to the Concerns of such Copartnership, shall and lawfully may, from and after the passing of this Act, be commenced or instituted and prosecuted in the Name of any One of the Public Officers nominated as aforesaid for the Time being of such Copartnership, as the nominal Plaintiff or Petitioner for and on behalf of such Copartnership; and that all Actions or Suits, and Proceedings at Law or in Equity, to be commenced or instituted by any Person or Persons, Bodies Politic or Corporate, or others, whether Members of such Copartnership or otherwise, against such Copartnership, shall and lawfully may be commenced, instituted and prosecuted against any One or more of the Public Officers nominated as aforesaid for the Time being of such Copartnership, as the nominal Defendant for and on behalf of such Copartnership; and that all Indictments, Informations and Prosecutions by or on behalf of such Copartnership, for any Stealing or Embezzlement of any Money, Goods, Effects, Bills, Notes, Securities or other Property of or belonging to such Copartnership, or for any Fraud, Forgery, Crime or Offence committed against or with Intent to injure or defraud such Copartnership, shall and lawfully

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Such further
Accoun s to be

filed.

Copartnerships

to sue and be Name of their Public Officers.

sued in the

&c. laid in Indictments.

lawfully may be had, preferred and carried on in the Name of any One of the Public Officers nominated as aforesaid for the Time being of such Copartnership; and that in all Indictments and Informations to be had or preferred by or on behalf of such Copartnership against any Person or Persons whomsoever, notwithstanding such Person or Persons may happen to be a Member or Members of such Copartnership, it shall be lawful and sufficient to state the Money, Goods, Effects, Bills, Notes, Securities or other Property of such Copartnership, to be the Money, Goods, Effects, Bills, Notes, Securities or other Property of any One of the Public Officers nominated as aforesaid for the Time being of How Forgeries, such Copartnership; and that any Forgery, Fraud, Crime or other Offence committed against or with Intent to injure or defraud any such Copartnership, shall and lawfully may in such Indictment or Indictments, notwithstanding as aforesaid, be laid or stated to have been committed against or with Intent to injure or defraud any One of the Public Officers nominated as aforesaid for the Time being of such Copartnership; and any Offender or Offenders may thereupon be lawfully convicted for any such Forgery, Fraud, Crime or Offence; and that in all other Allegations, Indictments, Informations or other Proceedings of any Kind whatsoever, in which it otherwise might or would have been necessary to state the Names of the Persons composing such Copartnership, it shall and may be lawful and sufficient to state the Name of any One of the Public Officers nominated as aforesaid for the Time being of such Copartnership; and the Death, Resignation, Removal or any Act of such Public Officer, shall not abate or prejudice any such Action, Suit, Indictment, Information, Prosecution or other Proceeding commenced against or by or on behalf of such Copartnership, but the same may be continued, prosecuted and carried on in the Name of any other of the Public Officers of such Copartnership for the Time being.

Not more than

One Action for the Recovery of One Demand.

Decrees of a

Court of Equity against Public

Officer to take effect against Copartnership.

X. And be it further enacted, That no Person or Persons, or Body or Bodies Politic or Corporate, having or claiming to have any Demand upon or against any such Corporation or Copartnership, shall bring more than One Action or Suit, in case the Merits shall have been tried in such Action or Suit, in respect of such Demand; and the Proceedings in any Action or Suit, by or against any One of the Public Officers nominated as aforesaid for the Time being of any such Copartnership, may be pleaded in bar of any other Action or Actions, Suit or Suits, for the same Demand, by or against any other of the Public Officers of such Copartnership. XI. And be it further enacted, That all and every Decree or Decrees, Order or Orders, made or pronounced in any Suit or Proceeding in any Court of Equity against any Public Officer of any such Copartnership carrying on Business under the Provisions of this Act, shall have the like Effect and Operation upon and against the Property and Funds of such Copartnership, and upon and against the Persons and Property of every or any Member or Members thereof, as if every or any such Members of such Copartnership were Parties Members before the Court to and in any such Suit or Proceeding; and that it shall and may be lawful for any Court in which such Order or Decree shall have been made, to cause such Order and Decree to be enforced against every or any

any Member of such Copartnership, in like Manner as if every Member of such Copartnership were Parties before such Court to and in such Suit or Proceeding, and although all such Members are not before the Court.

Public Officer to operate

XII. And be it further enacted, That all and every Judgment Judgments and Judgments, Decree or Decrees, which shall at any Time after against such the passing of this Act be had or recovered or entered up as aforesaid, in any Action, Suit or Proceedings in Law or Equity against Co. against any Public Officer of any such Copartnership, shall have partnership. the like Effect and Operation upon and against the Property of such Copartnership, and upon and against the Property of every such Member thereof as aforesaid, as if such Judgment or Judgments had been recovered or obtained against such Copartnership; and that the Bankruptcy, Insolvency or stopping Payment of any such Public Officer for the Time being of such Copartnership, in his individual Character or Capacity, shall not be nor be construed to be the Bankruptcy, Insolvency or stopping Payment of such Copartnership; and that such Copartnership and every Member thereof, and the Capital Stock and Effects of such Copartnership, and the Effects of every Member of such Copartnership, shall in all Cases, notwithstanding the Bankruptcy, Insolvency or stopping Payment of any such Public Officer, be attached and attachable, and be in all Respects liable to the lawful Claims and Demands of the Creditor and Creditors of such Copartnership, or of any Member or Members thereof, as if no such Bankruptcy, Insolvency or stopping Payment of such Public Officer of such Copartnership had happened or taken place.

Execution upon Judgment may be issued against any Member

ship.

XIII. And be it further enacted, That Execution upon any Judgment in any Action obtained against any Public Officer for the Time being of any such Corporation or Copartnership carrying on the Business of Banking under the Provisions of this Act, whether as Plaintiff or Defendant, may be issued against any the CopartnerMember or Members for the Time being of such Corporation or Copartnership; and that in case any such Execution against any Member or Members for the Time being of any such Corporation or Copartnership shall be ineffectual for obtaining Payment and Satisfaction of the Amount of such Judgment, it shall be lawful for the Party or Parties so having obtained Judgment against such Public Officer for the Time being to issue Execution against any Person or Persons who was or were a Member or Members of such Corporation or Copartnership at the Time when the Contract or Contracts or Engagement or Engagements in which such Judgment may have been obtained was or were entered into, or became 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 men- Upon Motion tioned shall be issued without Leave first granted, on Motion in on Notice. open Court, by the Court in which such Judgment shall have

been obtained, and when Motion shall be made on Notice to the Limitation of Person or Persons sought to be charged, nor after the Expiration Time. of Three Years next after any such Person or Persons shall have ceased to be a Member or Members of such Corporation or Copartnership.

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XIV. Pro

XIV. Provided always, and be it further enacted, That every such Public Officer in whose Name any such Suit or Action shall have been commenced, prosecuted or defended, and every Person or Persons 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 Copartnership, or in Failure thereof, by Contribution from the other Members of such Copartnership, as in the ordinary Cases of Copartnership.

XV. And to prevent any Doubts that might arise whether the ' said Governor and Company, under and by virtue of their Charter, and the several Acts of Parliament which have been made and passed in relation to the Affairs of the said Governor and Company, can lawfully carry on the Trade or Business of Banking, otherwise than under the immediate Order, Management and Direction of the Court of Directors of the said Governor and Company; Be it therefore enacted, That it shall and may be lawful for the said Governor and Company to authorize and empower any Committee or Committees, Agent or Agents, to carry on the Trade and Business of Banking, for and on behalf of the said Governor and Company, at any Place or Places in that Part of the United Kingdom called England, and for that Purpose to invest such Committee or Committees, Agent or Agents, with such Powers of Management and Superintendance, and such Authority to appoint Cashiers and other Officers and Servants as may be necessary or convenient for carrying on such Trade and Business as aforesaid; and for the same Purpose to issue to such Committee or Committees, Agent or Agents, Cashier or Cashiers, or other Officer or Officers, Servant or Servants, Cash, Bills of Exchange, Bank Post Bills, Bank Notes, Promissory Notes and other Securities for Payment of Money: Provided always, that all such Acts of the said Governor and Company shall be done and exercised in such Manner as may be appointed by any Bye Laws, Constitutions, Orders, Rules and Directions from time to time hereafter to be made by the General Court of the said Governor and Company in that Behalf, such Bye Laws not being repugnant to the Laws of that Part of the United Kingdom called England; and in all Cases where such Bye Laws, Constitutions, Örders, Rules or Directions of the said General Court shall be wanting, in such Manner as the Governor, Deputy Governor and Directors, or the major Part of them assembled, whereof the said Governor or Deputy Governor is always to be One, shall or may direct, such Directions not being repugnant to the Laws of that Part of the United Kingdom called England; any Thing in the said Charter or Acts of Parliament, or other Law, Usage, Matter or Thing to the contrary thereof notwithstanding: Provided always, that in any Place where the Trade and Business of Banking shall be carried on for and on behalf of the said Governor and Company of the Bank of England, any Promissory Note issued on their Account in such Place shall be made payable in Coin in such Place as well as in London.

A

XVI. And