[Home] [Databases] [World Law] [Multidatabase Search] [Help] [Feedback]
	Statutes of Northern Ireland
You are here: BAILII >> Databases >> Statutes of Northern Ireland >> URL: http://www.bailii.org/nie/legis/num_act/ba1845140.txt

[New search] [Help]

BANKERS (IRELAND) ACT 1845

BANKERS (IRELAND) ACT 1845 - LONG TITLE

An Act to regulate the Issue of Bank Notes in Ireland, and to
regulate the Repayment of certain Sums advanced by the Bank of
Ireland for the Public Service.{1}
[21st July 1845]
Preamble rep. by SLR 1891

BANKERS (IRELAND) ACT 1845 - SECT 2
Repayment of advances by Bank of Ireland charged on consolidated
fund, &c.

2. The repayment of the said sum of two million six hundred and
thirty thousand seven hundred and sixty-nine pounds four shillings
and eight-pence shall be and the same is hereby made chargeable
upon the consolidated fund of the United Kingdom of Great Britain
and Ireland until Parliament shall otherwise provide....

S.3 rep. by 1865 c.16 s.1

BANKERS (IRELAND) ACT 1845 - SECT 4
Bank of Ireland may be dissolved on 12 months notice after 1st of
January 1855, and repayment of capital sum advanced, and arrears of
annuity.

4. Upon twelve months' notice, to be published in the [Belfast
Gazette] by order of the lord-lieutenant, that the said corporation
of the Bank is to be dissolved, and upon repayment by Parliament
to the Bank of Ireland, or their successors, of the said sum of
two million six hundred and thirty thousand seven hundred and
sixty-nine pounds four shillings and eight-pence, together with all
arrears of interest or annuity due in respect thereof, then and in
such case the said interest or annuity shall, from and after the
expiration of twelve months after such notice published, cease and
determine, and the said corporation shall be dissolved.

S.5 rep. by SLR 1875. S.6 rep. by 1954 c.12 s.4(2)

BANKERS (IRELAND) ACT 1845 - SECT 8
Existing banks of issue may continue to issue.

8. [Provision authorizing commissioners of stamps to certify existing
banks of issue and limitation of issue, rep. by SLR 1891] it shall
be lawful for every such banker to continue to issue his own bank
notes, to the extent of the amount so certified, and of the amount
of the gold and silver coin held by such banker, in the proportion
and manner herein-after mentioned, but not to any further extent;
and it shall not be lawful for any banker to make or issue bank
notes in Ireland, save and except only such bankers as shall have
obtained such certificate from the commissioners of stamps and taxes.

S.9 rep. by SLR 1980

BANKERS (IRELAND) ACT 1845 - SECT 10
Duplicate of certificate to be published in the Gazette.

10. 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 [Belfast 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.

BANKERS (IRELAND) ACT 1845 - SECT 11
In case banks become united, commissioners to certify the amount of
bank notes which each bank was authorized to issue; and united bank
may issue the aggregate amount.

11. 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, 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 banker, as herein provided.

BANKERS (IRELAND) ACT 1845 - SECT 12
Banks entitled to the privilege of issuing notes may agree with
Bank of Ireland to relinquish the same;

12. It shall be lawful for any banker in Ireland who under the
provisions of this Act is entitled to issue bank notes to contract
and agree with the governor and company of the Bank of Ireland, by
an agreement in writing, for the relinquishment of the privilege of
issuing such notes in favour of the said governor and company; and
in each such case a copy of such agreement shall be transmitted to
the commissioners of stamps and taxes; and the said commissioners
shall thereupon certify, in manner herein-before mentioned, the
aggregate of the amount of bank notes which the Bank of Ireland
and the banker with whom such agreement shall have been made were
previously authorized to issue under the separate certificates
previously delivered to them; and every such certificate shall be
published in manner herein-before directed; and from and after such
publication the amount therein stated shall be the limit of the
amount of bank notes which the Bank of Ireland may have in
circulation exclusive of an amount equal to the amount of the gold
and silver coin held by the Bank of Ireland, as herein provided.

BANKERS (IRELAND) ACT 1845 - SECT 13
Banks relinquishing not to resume the issue.

13. It shall not be lawful for any banker who shall have so
agreed to relinquish the privilege of issuing bank notes at any
time thereafter to issue any such notes.

BANKERS (IRELAND) ACT 1845 - SECT 14
Limitation of bank notes which bankers may have in circulation.

14. It shall not be lawful for any banker in Ireland 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 sums certified by the commissioners of
stamps and taxes as aforesaid, and the monthly average amount of
gold and silver coin held by such banker during the same period of
four weeks, to be ascertained in manner herein-after mentioned.

BANKERS (IRELAND) ACT 1845 - SECT 15
Issue of notes for fractional parts of a pound prohibited.

15. All bank notes to be issued or re-issued in Ireland after the
sixth day of December one thousand eight hundred and forty-five
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
Ireland shall from and after that day 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.

BANKERS (IRELAND) ACT 1845 - SECT 16
Issuing banks to render accounts weekly of notes in circulation, and
of coin held;

16. Every banker who after the sixth day of December one thousand
eight hundred and forty-five shall issue bank notes in Ireland
shall, on some one day in every week (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
each of the head offices or principal places of issue in Ireland
of such banker at the close of business on each day of the week
ending on that Saturday, and also an account of the total amount
of gold and silver coin in Ireland 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 each of
the head offices or principal places of issue in Ireland 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, authorized to issue under the provisions of this Act; and
every such account shall be verified by the signature of such
banker or his chief cashier, or in the 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, and
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.

BANKERS (IRELAND) ACT 1845 - SECT 17
What shall be deemed to be bank notes in circulation.

17. 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.

BANKERS (IRELAND) ACT 1845 - SECT 18
Commissioners of stamps to make monthly returns in form in schedule
(B).

18. 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
Ireland during the last preceding four weeks, and of the average
amount of all the gold and silver coin held by such banker during
the same period, and certifying, under the hand of any officer of
the said commissioners duly authorized for that purpose, in the case
of each such 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
[Belfast Gazette] in which the same can be conveniently inserted.

BANKERS (IRELAND) ACT 1845 - SECT 19
Mode of ascertaining the average amount of bank notes of each
banker in circulation, and coin held, during each period of four
weeks after 6th December 1845.

19. 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 the Saturday in 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 banker 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 offices or principal
places of issue of such banker in Ireland, as after mentioned, at
the close of business on such day in each week; 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.

BANKERS (IRELAND) ACT 1845 - SECT 20
What shall be taken in the account of coin held by any banker, in
respect of which notes may be issued.

20. In taking account of the coin held by any banker in Ireland
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, there shall
be included only the gold and silver coin held by such banker at
the several head offices or principal places of issue in Ireland of
such banker, such head offices or principal places of issue not
exceeding four in number, of which not more than two shall be
situated in the same province; and every banker shall give notice
in writing to the said commissioners, on or before the sixth day
of December next, of such head offices or principal places of issue
at which the account of gold and silver coin held by him is to
be taken as aforesaid; and no amount of silver coin exceeding one
fourth part of the gold coin held by such banker as aforesaid
shall be 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.

BANKERS (IRELAND) ACT 1845 - SECT 21
Commissioners of stamps and taxes may cause the books of bankers,
containing accounts of their bank notes in circulation, and of coin
held, to be inspected.

21.... 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
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 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 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 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, 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 Treasury.

S.22 rep. by SLR 1963

BANKERS (IRELAND) ACT 1845 - SECT 23
Penalty on banks issuing in excess.

23. If the monthly average circulation of bank notes of any banker,
taken in the manner therein 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.

S.24 rep. by 1882 c.61 s.96 sch.2. S.25 rep. by 1864 c.20 s.1

BANKERS (IRELAND) ACT 1845 - SECT 26
Penalty on persons, other than bankers hereby authorized, issuing
notes payable on demand for less than #5.

26. 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
Ireland 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.

S.27 rep. by 1864 c.20 s.1

BANKERS (IRELAND) ACT 1845 - SECT 28
Act not to prohibit checks on bankers.

28. Provided always, 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.

BANKERS (IRELAND) ACT 1845 - SECT 29
Mode of enforcing penalties.

29. 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... 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 [High Court of Justice in Northern Ireland], 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 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 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....

BANKERS (IRELAND) ACT 1845 - SECT 32
Interpretation of terms.

32. ... in this Act... the term "banker" shall, when the bank of
Ireland be not specially excepted, extend and apply to the Bank of
Ireland, 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 the
word "coin" shall be construed to mean the coin of this realm; and
the word "person" used in this Act shall include corporations; and
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 the
masculine gender in this Act shall include the feminine, except
where there is any thing in the context repugnant to such
construction.

S.33 rep. by SLR 1875

Saturday day of.

Total

at.at.at.at.PS0600

18 <<.

Total

during the four weeks ending as above






BAILII:
Copyright Policy |
Disclaimers |
Privacy Policy |
Feedback |
Donate to BAILII

URL: http://www.bailii.org/nie/legis/num_act/ba1845140.txt