No. 243. flour or selling of corn as the c. 87 s. 9. 15. If any person shall put into any corn meal or flour which 28 VICTORIA, shall be ground dressed bolted or manufactured for sale either at the time of grinding dressing bolting or manufacturing the same or at Penalty for adul any other time any ingredient or mixture whatever not being the terating meal or real and genuine produce of the corn or grain which shall be so flour of one sort ground, or if any person shall knowingly sell or offer for sale either flour of another. separately or mixed any meal or flour of one sort of corn or grain as 6 & 7 will. IV. the meal or flour of any other sort of corn or grain or any ingredient whatsoever mixed with the meal or flour so sold or offered or exposed for sale, then and in every such case every person so offending shall on conviction forfeit and pay for every such offence any sum not exceeding twenty pounds nor less than five pounds. Provided that nothing herein contained shall apply to any ingredient article or material employed or used for cleansing or preserving such corn or grain from smut or other disease weevil or other insect or impurity, so as that every such ingredient article or material so employed or used be carefully and effectually removed from such corn and grain before the same shall be ground. Ib. s. 11. 16. It shall be lawful for any justice and also for any constable Bakers' shops &c. authorised by any warrant under the hand of a justice at seasonable may be searched. times in the day time to enter into any house mill shop stall bakehouse bolting-house pastry-warehouse outhouse or ground of or belonging to any miller mealman or baker or other person who shall grind grain or dress or bolt meal or flour or make bread for reward or sale; and to search or examine whether any mixture or ingredient not the genuine produce of the grain such meal or flour shall import or ought to be shall have been mixed up with or put into any meal or flour in the possession of such miller mealman or baker either in the grinding of any grain at the mill or in the dressing bolting or manufacturing thereof whereby the purity of any meal or flour is or shall be in anywise adulterated, or whether any mixture or ingredient other than is allowed by this Act shall have been mixed up with or put into any dough or bread in the possession of any baker or other person whereby any such dough or bread is or shall be in anywise. adulterated, and also to search for any mixture or ingredient which may be intended to be used in or for any such adulteration and mixture; and if upon any such search and examination it shall appear that any such meal flour dough or bread so found shall have been so adulterated by the person in whose possession it shall then be, or any mixture or ingredient shall be found which shall seem to have been deposited there in order to be used in the adulteration of meal flour or bread, then and in every such case it shall be lawful for every such justice or constable authorised as aforesaid to seize and take any meal flour dough or bread which shall be found in any such search and deemed to have been adulterated; and all ingredients and mixtures which shall be found and deemed to have been used or intended to be used in or for any such adulteration as aforesaid and such part thereof as shall be seized by any constable authorised as aforesaid shall with all convenient speed after seizure be carried to the nearest resident justice; and if any justice who shall make any such seizure in pursuance of this Act or to whom anything so seized under the authority of this Act shall be brought shall adjudge upon the evidence of any competent person or persons taken upon oath No. 243. 28 VICTORIA, that any such meal flour dough or bread so seized shall have been adulterated by any mixture or ingredient put therein other than is allowed by this Act, or shall adjudge that any ingredient or mixture so found as aforesaid shall have been deposited or kept where so found for the purpose of adulterating meal flour or bread, then and in any such case every such justice is required to dispose of the same as he in his discretion shall from time to time think proper. Penalty for hav ing ingredients for the adulteration of bread. 6 & 7 Will. IV. c. 37 s. 12. Penalty for obstructing search. Ib. s. 13. Limitation as to baking on Sundays. Ib. s. 14. Jurisdiction of offences. 17. Every miller mealman or baker in whose house mill shop stall bakehouse bolting-house pastry-warehouse outhouse ground or possession any ingredient or mixture shall be found, which shall after due examination be adjudged by any justice to have been deposited there for the purpose of being used in adulterating the purity or unwholesomeness of any meal flour dough or bread, shall on conviction forfeit and pay for every such offence any sum not exceed ing forty shillings for the first offence, five pounds for the second offence, and ten pounds for every subsequent offence; unless it shall be made to appear to the satisfaction of any such justice that such ingredient or mixture was so deposited without the knowledge or privity of the party accused. 18. If any person shall wilfully obstruct or hinder any such search as hereinbefore is authorised to be made or the seizure of any meal flour dough or bread or of any ingredient or mixture which shall be found on any such search and shall be deemed to have been lodged with an intent to adulterate the purity or wholesomeness of any meal flour dough or bread, or shall wilfully oppose or resist any such search being made or the carrying away any such ingredient or mixture as aforesaid or any meal flour dough or bread which shall be seized as being adulterated or as not being made pursuant to this Act, the person so offending shall on conviction of every such offence forfeit and pay any sum not exceeding ten pounds. 19. No person exercising or employed in the trade or calling of a baker shall on the Lord's Day commonly called Sunday or any part thereof make or bake any bread rolls or cakes of any sort or kind, or shall on any part of the said day excepting before ten in the forenoon and between one and two in the afternoon on any pretence whatsoever sell or expose for sale any bread rolls or cakes of any sort or kind, or bake or deliver or permit or suffer to be baked or delivered any meat pudding pie tart or victuals at any time after two of the clock in the afternoon of that day, or in any other manner exercise the trade or calling of a baker or be engaged or employed in the business or occupation thereof, save and except so far as may be necessary in setting and superintending the sponge to prepare the bread or dough for the following day's baking; and no meat pudding pie tart or victuals shall be brought to or taken from any bakehouse during the time of divine service. And every person offending against any of the foregoing regulations or making any sale or delivery hereby allowed between the hours aforesaid otherwise than in their bakehouse or shop shall, on conviction of every such offence within two days from the commission thereof, forfeit and pay any sum not exceeding three pounds nor less than twenty shillings. 20. All offences against this Act (not hereinbefore directed to be heard and determined by one justice) shall be heard and deter No. 243. of information. mined in a summary way by any two or more justices; and all 28 VICTORIA, fines and penalties awarded and imposed shall go and be distributed the one moiety to the consolidated revenue and the other moiety to the use of the informer or party prosecuting. Provided always Limiting the time that no person shall be convicted for any offence under this Act, 6 & 7 Will. IV. unless the complaint be made within forty-eight hours next after c. 37 s. 31. the time the offence shall have been committed; and that no conviction under this Act shall be removed by writ of certiorari or otherwise in the Supreme Court. 21. If any action or suit shall be commenced against any justice General issue. constable or other person for any matter or thing done in pursuance Ib. s. 30. of this Act, the defendant in any such action or suit may plead the general issue and give this Act and the special matter in evidence at any trial thereupon and that the same was done in pursuance and by authority of this Act. Title of Act. Repeal of Acts. An Act to Consolidate the Laws relating to Banks and the Currency. [20th April 1864.] E it enacted by the Queen's Most Excellent Majesty by and Legislative Assembly of Victoria in this present Parliament assembled and by the authority of the same as follows (that is to say):— 1. This Act shall be called and may be cited as "The Banks and Currency Statute 1864." 2. The Acts mentioned in the First Schedule hereto to the First Schedule. extent to which the same are therein expressed to be repealed shall be and the same are hereby repealed; but nothing herein shall affect any act or thing lawfully done under the authority of the said Acts or any of them; and all offences committed and penalties incurred under the said Acts or any of them may be prosecuted and enforced respectively as if this Act had not been passed. Application of 3. The provisions of this Act shall extend and apply to every company firm or individual engaged in the ordinary business of banking by receiving deposits and issuing bills or notes payable to the bearer at sight or on demand. liabilities 4. Every banking company firm or individual banker in Victoria 27 VICTORIA, shall at the close of business on Monday of every week prepare and No. 194. make up a full and correct account and statement in writing, Statements of exhibiting the assets property credits and securities respectively weekly average belonging to every such banking company firm or individual banker assets to be kept. as aforesaid, and also the respective debts engagements and liabilities of the same, in the manner and form and under the several heads particularly set forth in the Second Schedule to this Act. Second Schedule. published. 5. From such weekly accounts and statements so directed to be quarterly statemade up as aforesaid there shall be prepared on the last Monday of ments to be each quarter ending on the thirty-first day of March the thirtieth day of June the thirtieth day of September and the thirty-first day of December in every year by every such banking company firm or individual banker as aforesaid respectively a general_abstract in writing of the average amount during such quarter of the respective assets property credits and securities of every such banking company firm or individual banker and of their respective debts engagements and liabilities in the manner and form and under the several heads or titles specified and set forth in the Third Schedule to this Act: Third Schedule. to which respective quarterly abstracts shall be subjoined a statement exhibiting the amount of the capital stock of every such banking company firm or individual banker as aforesaid paid up at the close of the quarter for which such abstracts respectively shall be so made up, the rate and amount of the last dividend that may have been declared to the shareholders or proprietors, and the amount of the reserved profit at the time of declaring such dividend; and such respective quarterly abstracts and statements shall be verified upon the oath of the managing director manager chief cashier or clerk of every such banking company firm or individual banker as aforesaid making the same; and shall within one month after the close of every such quarter or as soon thereafter as may be practicable be delivered to the Chief Secretary of Victoria to be laid before Parliament and published in the Government Gazette. lecting to keep or make such 6. If any such banking company firm or individual banker shall Penalty for negneglect to keep such weekly accounts, or to make out or to return or deliver such quarterly abstracts to the Chief Secretary as aforesaid, returns. or if any managing director manager chief cashier or clerk verifying any such abstract shall deliver or return to the said Chief Secretary any false account or abstract of such averages, every such banking company firm or individual banker so neglecting or making such false account or abstract shall forfeit for every such offence the sum of five hundred pounds; and the managing director manager chief cashier or clerk so offending shall also forfeit for every such offence the sum of one hundred pounds. Such penalties to be recovered respectively by action of debt in the Supreme Court or any other court of competent jurisdiction by any person who shall sue for the same. or deed of settle 7. A copy of the charter or of the deed of co-partnership and copy of charter settlement of every such banking company or firm as aforesaid, ment to be reattested by the managing director manager chief cashier or clerk corded in the for the time being of such banking companies or firms respectively gistrar-General. to be a true transcript of the original charter or of the deed of 'VOL. I. F office of the Re |