[9 Geo. 4, c. 15.]

An Act to prevent a Failure of Justice by Reason of Variances between Records and Writings produced in Evidence in support thereof. [9th May, 1828.]

"Whereas great expense is often incurred, and delay or failure of justice takes place, at trials, by reason of variances between writings produced in evidence, and the recital or setting forth thereof upon the record on which the trial is had, in matters not material to the merits of the case, and such record cannot now in any case be amended at the trial, and in some cases cannot be amended at any time;" for remedy thereof, be it enacted, by the king'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 it shall and may be lawful for every Court of record holding plea in civil actions, any judge sitting at nisi prius, and any Court of oyer and terminer and general gaol-delivery in England, Wales, the town of Berwick-upon-Tweed, and Ireland, if such Court or judge shall see fit so to do, to cause the record on which any trial may be pending before any such judge or Court in any civil action, or in any indictment or information for any misdemeanor, when any variance shall appear between any matter in writing or in print *produced in evidence, and the recital or setting forth thereof upon the record [*428] whereon the trial is pending, to be forthwith amended in such particular by some officer of the Court, on payment of such costs (if any) to the other party, as such judge or Court shall think reasonable; and thereupon the trial shall proceed as if no such variance had appeared; and in case such trial shall be had at nisi prius, the order for the amendment shall be indorsed on the postea, and returned together with the record; and thereupon, the papers, rolls, and other records of the Court from which such record issued, shall be amended accordingly.

[9 Geo. 4, c. 23.]

An Act to enable Bankers in England to issue certain unstamped Promissory Notes and Bills of Exchange, upon Payment of a Composition in Lieu of the Stamp Duties thereon.

[9th June, 1828.]

"Whereas it is expedient to permit all persons carrying on the business of bankers in England (except within the city of London, or within three miles thereof) to issue their promissory notes, payable to bearer on demand, or to order, within a limited period after sight, and to draw bills of exchange payable to order on demand, or within a limited period after sight or date, on unstamped paper, on payment of a composition in lieu of the stamp duties.

which would otherwise be payable upon such notes and bills respectively, and subject to the regulations hereinafter mentioned:" be it therefore enacted, by the king'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, from and after the first day of July, one thousand eight hundred and twenty-eight, it shall be lawful for any person or persons carrying on the business of a banker or bankers in England (except within the city of London, or within three miles thereof), having first duly obtained a license for that purpose, and given security by bond in manner hereinafter mentioned, to issue, on unstamped paper, promissory notes for any sum of money amounting to five pounds or upwards, expressed to be payable to the bearer on demand, or to order, at any period not exceeding seven days after sight; and also to draw and issue, on unstamped paper, bills of exchange, expressed to be payable to order, on demand, or at any period not exceeding seven days after sight, or twenty-one days after the date thereof, provided such bills of exchange be drawn upon a person or persons carrying on the business of a banker or bankers, in London, Westminster, or the borough of Southwark, or provided such bills of exchange be drawn by any banker or bankers, at a town or place where he or they shall be duly licensed to issue unstamped notes and bills, under the authority of this act, upon himself or themselves, or his or their copartner or copartners, payable at any other town or place [*429] where such banker or bankers shall also be duly licensed to issue such notes and bills as aforesaid.

XII. And be it further enacted, That if any person or persons, who shall be licensed under the provisions of this act, shall draw or issue, or cause to be drawn or issued, upon unstamped paper any promissory note payable to order, or any bill of exchange, which shall bear date subsequent to the day on which it shall be issued, the person or persons so offending shall, for every such note or bill so drawn or issued, forfeit the sum of one hundred pounds.

[9 Geo. 4, c. 49, s. 15.]

An Act to amend the Laws in Force relating to the Stamp Duties on Sea Insurances, on articles of Clerkship, on Certificates of Writers to the Signet, and of Conveyancers and others, on Licenses to Dealers in Gold and Silver Plate and Pawnbrokers, on Drafts on Bankers, and on Licenses for Stage Coaches in Great Britain, and on Receipts in Ireland. [15th July, 1828].

XV. And be it further enacted, That, from and after the passing of this act, all drafts or orders for the payment of any sum of money to the bearer on demand, and drawn in any part of Great Britain upon any banker or bankers, or any person or persons acting as a banker, who shall reside or

transact the business of a banker within fifteen miles of the place where such drafts or orders shall be issued, shall be, and the same are hereby, exempted from any stamp duty imposed by any act or acts in force immediately before the passing of this act, anything in any such act or acts to the contrary notwithstanding; provided the place where such drafts or orders shall be issued shall be specified therein, and provided the same shall bear date on or before the day on which the same shall be issued, and provided the same do not direct the payment to be made by bills or promissory notes.

*[9 Geo. 4, c. 65.]

[*430] An Act to restrain the Negotiation in England of Promissory Notes and Bills under a limited Sum, issued in Scotland or Ireland.

[15 July, 1828.]

"Whereas an act was passed in the seventh year of his present Majesty's reign, intituled, 'An Act to limit, and after a certain period to prohibit, the issuing of Promissory Notes, under a limited Sum, in England,' and doubts may arise how far the provisions of the said act may be effectual to restrain the circulating, in England, of certain notes, drafts, or undertakings, made or issued in Scotland or Ireland;" be it therefore enacted by the king'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 if any body politic or corporate, or person or persons, shall, after the fifth day of April, one thousand eight hundred and twenty-nine, by any art, device, or means whatsoever, publish, utter, negotiate, or transfer, in any part of England, any promissory or other note, draft, engagement, or undertaking in writing, made payable on demand to the bearer thereof, and being negotiable or transferable, for the payment of any sum of money less than five pounds, or on which less than the sum of five pounds shall remain undischarged, which shall have been made or issued, or shall purport to have been made or issued, in Scotland or Ireland, or elsewhere out of England, wheresoever the same shall or may be payable, every such body politic or corporate, or person or persons, so publishing, uttering negotiating, or transferring, any such note, bill, draft, engagement or undertaking, in any part of England, 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.

[11 Geo. 4 and 1 Wm. 4, c. 66.]

An Act for reducing into One Act all such Forgeries as shall henceforth be

punished with Death, and for otherwise amending the Laws relating to Forgery. [22nd July, 1830.]

III. And be it enacted, That if any person shall forge or alter, or shall offer, utter, dispose of, or put off, knowing the same to be forged or altered, any exchequer bill or exchequer debenture, or any indorsement on or assignment of any exchequer bill or exchequer debenture, or any bond under the common seal of the united company of merchants of England trading to the East Indies, commonly called an East India bond, or any indorsement on, or assignment of any East India bond, or any note or bill of exchange of the governor and company of the Bank of England, commonly [*431] *called a bank note, a bank bill of exchange, or a bank post bill, or any indorsement on, or assignment of, any bank note, bank bill of exchange, or bank post bill, or any will, testament, codicil, or testamentary writing, or any bill of exchange or any promissory note for the payment of money, or any indorsement on or assignment of any bill of exchange or promissory note for the payment of money, or any acceptance of any bill of exchange, or any undertaking, warrant, or order for the payment of money, with intent, in any of the cases aforesaid, to defraud any person whatsoever, every such offender shall be guilty of felony, and, being convicted thereof, shall suffer death as a felon.

IV. And be it declared and enacted, That where by any act now in force any person is made liable to the punishment of death for forging or altering, or for offering, uttering, disposing of, or putting off, knowing the same to be forged or altered, any instrument or writing designated in such act by any special name or description, and such instrument or writing, however designated, is in law a will, testament, codicil, or testamentary writing, or a bill of exchange or a promissory note for the payment of money, or an indorsement on or an assignment of a bill of exchange or promissory note for the payment of money, or an acceptance of a bill of exchange, or an undertaking, warrant, or order for the payment of money, within the true intent and meaning of this act, in every such case the person forging or altering such instrument or writing, or offering, or uttering, disposing of, or putting off such instrument or writing, knowing the same to be forged or altered, may be indicted as an offender against this act, and punished with death accordingly.

V. And be it enacted, That if any person shall wilfully make any false entry in, or wilfully alter any word or figure in, any of the books of account kept by the governor and company of the Bank of England, or by the governor and company of merchants of Great Britian trading to the South Seas and other parts of America, and for encouraging the fishery, commonly called the South Sea Company, in which books the accounts of the owners of any stock annuities, or other public funds which now are or hereafter may be transferable at the Bank of England or at the South Sea House shall be entered and kept, or shall in any manner wilfully falsify the accounts of such owners in any of the said books, with intent in any

of the cases aforesaid to defraud any person whatsoever; or if any person shall wilfully make any transfer of any share or interest of or in any stock, annuity, or other public fund which now is or hereafter may be transferable at the Bank of England or at the South Sea House, in the name of any person not being the true and lawful owner of such share or interest, with intent to defraud any person whatsoever; every such offender shall be guilty of felony, and, being convicted thereof, shall suffer death as a felon.

XIII. And be it enacted, That if any person shall, without the authority of the governor and company of the Bank of England, to be proved by the party accused, make or use, or shall, without *lawful excuse, to be proved by the party accused, knowingly have in his custody or possession, any [*432] frame, mould, or instrument for the making of paper with the words "Bank of England" visible in the substance of the paper, or for the making of paper with curved or waving bar lines, or with the laying wire lines thereof in a waving or curved shape, or with any number, sum, or amount, expressed in a word or words in roman letters, visible in the substance of the paper; or if any person shall, without such authority, to be proved as aforesaid, manufacture, use, sell, expose to sale, utter, or dispose of, or shall, without lawful excuse, to be proved as aforesaid, knowingly have in his possession any paper whatsoever with the words "Bank of England" visible in the substance of the paper, or any paper with curved or waving bar lines, or with the laying wire lines thereof in a waving or curved shape, or with any number, sum, or amount, expressed in a word or words in roman letters, appearing visible in the substance of the paper; or if any person, without such authority, to be proved as aforesaid, shall, by any art or contrivance, cause the words "Bank of England" to appear visible in the substance of any paper, or cause the numerical sum or amount of any bank note, bank bill of exchange, or bank post bill, blank bank note, blank bank bill of exchange, or blank bank post bill, in a word or words in roman letters, to appear visible in the substance of the paper, whereon the same shall be written or printed; every such offender shall be guilty of felony, and, being convicted thereof, shall be transported beyond the seas for the term of fourteen. years.

XIV. Provided always, and be it enacted, That nothing herein contained shall prevent any person from issuing any bill of exchange or promissory note having the amount thereof expressed in guineas, or in a numerical figure or figures denoting the amount thereof in pounds sterling appearing visible in the substance of the paper upon which the same shall be written or printed, nor shall prevent any person from making, using, or selling any paper having waving or curved lines, or any other devices in the nature of watermarks, visible in the substance of the paper, not being bar lines or laying wire lines, provided the same are not so contrived as to form the groundwork or texture of the paper, or to resemble the waving or curved laying wire lines or bar lines or watermarks of the paper used by the governor and company of the Bank of England.