483 APPENDIX. STATUTES. [55 Gco. 3, c. 184, s. 23.] An Act for repealing the Stamp Duties on Deeds, Law Proceedings, and other written or printed Instruments, and the Duties on Fire Insurances, and on Legacies and Successions to Personal Estate upon Intestacies, now payable in Great Britain, and for granting other Duties in lieu thereof. 55 Geo. 3, c. 184. The Bank and Royal Bank of Scotland, and British Linen Com pany, may issue small notes on un XXIII. And be it further enacted, that from and after the thirty-first day of August, one thousand eight hundred and fifteen, it shall be lawful for the governor and company of the Bank of Scotland, and the Royal Bank of Scotland, and the British Linen Company in Scotland, respectively, to issue their promissory notes for the sums of one pound, one guinea, two pounds, and two guineas, payable to the bearer on demand, on unstamped paper, in the same manner as they were authorized to do by the aforesaid act of the forty-eighth year of his Majesty's reign; they the said governor and company of the Bank of Scotland, and the Royal Bank of Scotland, and the British Linen stamped Company, respectively, giving such security, and keeping and producing true accounts of all the notes so to be issued by them accounting respectively, and accounting for and paying the several duties for duties. payable in respect of such notes, in such and the same manner, in all respects, as is and are prescribed and required by the said last-mentioned act with regard to the notes thereby allowed to be issued by them on unstamped paper, and also to re-issue such promissory notes respectively, from time to time, after the ment thereof, as often as they shall think fit (a). (a) Repealed, S. L. Rev. Act, 1874. Fractions of a pound sterling have been prohibited since 8 & 9 Vict. c. 38, s. 5, which Act also by sect. 13 otherwise practically confirms the above pay privileges, and by sect. 15 makes paper, 9 Geo. 4, c. 14. English Act, 21 Jac. 1, c. 16. Irish Act, In actions of debt or upon the case, no acknowledgment shall be deemed sufficient, unless it be in writing or by part payment. Joint contractors. Proviso for the case of joint contractors. [9 Geo. 4, c. 14, ss. 1, 3, 4, 5, 8.] An Act for rendering a written Memorandum necessary to the 66 Whereas, by an act passed in England, in the twenty-first year of the reign of King James the First, it was, among other things, enacted, that all actions of account and upon the case, other than such accounts as concern the trade of merchandize between merchant and merchant, their factors or servants, all actions of debt grounded upon any lending or contract without specialty, and all actions of debt for arrearages of rent, should be commenced within three years after the end of the then present session of parliament, or within six years next after the cause of such actions or suit, and not after: and whereas a similar enactment is contained in an act passed in Ireland, in the tenth year of the reign of King Charles the First; and whereas various questions have arisen in actions founded on simple contract, as to the proof and effect of acknowledgments and promises offered in evidence for the purpose of taking cases out of the operation of the said enactments; and it is expedient to prevent such questions, and to make provision for giving effect to the said enactments; and to the intention thereof: 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, in actions of debt or upon the case, grounded upon any simple contract, no acknowledgment or promise by words only shall be deemed sufficient evidence of a new or continuing contract, whereby to take any case out of the operation of the said enactments or either of them, or to deprive any party of the benefit thereof, unless such acknowledgment or promise shall be made or contained by or in some writing, to be signed by the party chargeable thereby; and that where there shall be two or more joint contractors, or executors or administrators of any contractor, no such joint contractor, executor or administrator, shall lose the benefit of the said enactments or either of them, so as to be chargeable in respect or by reason only of any written acknowledgment or promise made and signed by any other or others of them; provided always, that nothing herein contained shall alter or take away or lessen the effect of any payment of any principal or interest made by any person whatsoever; provided also, that in actions to be commenced against two or more such joint contractors, or executors or administrators, if it shall appear, at the trial or otherwise, that the plaintiff though barred by either of the said recited acts or this act, as to one or more of such joint contractors, or executors or administrators, shall nevertheless be entitled to recover against any other or others of the defendants, by virtue of a new acknowledgment or promise, or otherwise, judgment may be given and costs allowed for the plaintiff as to such defendant or defendants against 9 Geo. 4, c. 14. whom he shall recover, or for the other defendant or defendants, against the plaintiff. III. And be it further enacted, that no indorsement or memo- Indorsements randum of any payment, written or made after the time ap- of payment. pointed for this act to take effect, upon any promissory note, bill of exchange, or other writing, by or on the behalf of the party to whom such payment shall be made, shall be deemed sufficient proof of such payment, so as to take the case out of the operation of either of the said statutes. IV. And be it further enacted, that the said recited acts, and this act, shall be deemed and taken to apply to the case of any debt on simple contract alleged by way of set-off on the part of any defendant, either by plea, notice or otherwise. Simple contract debts alleged by way of set-off. V. And be it further enacted, that no action shall be main- Confirmation tained whereby to charge any person upon any promise made of promises after full age to pay any debt contracted during infancy, made by or upon any ratification after full age of any promise or simple infants. contract made during infancy, unless such promise or ratification shall be made by some writing signed by the party to be charged therewith. (Repealed S. L. Rev. 1875, cf. 37 & 38 Vict. c. 62, s. 2.) VIII. And be it further enacted, that no memorandum or Exempted agreement made necessary by this act, shall be deemed an from stamps. agreement within the meaning of any statute relating to the duties of stamps. [7 & 8 Vict. c. 32.] An Act to regulate the Issue of Bank Notes, and for giving to the Governor and Company of the Bank of England certain Privileges for a limited Period. [19th July, 1844.] 7 & 8 Vict. c. 32. All persons may demand IV. And be it enacted that, from and after the thirty-first day of August, one thousand eight hundred and forty-four, all persons shall be entitled to demand, from the Issue Department of the Bank of England, Bank of England notes in exchange for gold bullion at the rate of three pounds seventeen shillings of the issue and ninepence per ounce of standard gold: provided always, department that the said governor and company shall in all cases be entitled notes for gold to require such gold bullion to be melted and assayed by persons bullion. approved by the said governor and company at the expense of the parties tendering such gold bullion. No new bank X. And be it enacted, that, from and after the passing of this act, no person other than a banker who, on the sixth day of of issue. May, one thousand eight hundred and forty-four, was lawfully issuing his own bank notes, shall make or issue bank notes in any part of the United Kingdom. XI. And be it enacted, that from and after the passing of this act it shall not be lawful for any banker to draw, accept, make or issue, in England or Wales, any bill of exchange or promissory note or engagement for the payment of money payable to bearer on demand, or to borrow, owe, or take up, in England or Wales, any sums or sum of money on the bills or notes of such banker payable to bearer on demand, save and except that it shall be lawful for any banker who was on the sixth day of May, one thousand eight hundred and forty-four, carrying on the business of a banker in England or Wales, and was then lawfully issuing, in England or Wales, his own bank notes, under the authority of a licence to that effect, to continue to issue such notes to the extent and under the conditions hereinafter mentioned, but not further or otherwise; and the right of any company or partnership to continue to issue such notes shall not be in any manner prejudiced or affected by any change which may hereafter take place in the personal composition of such company or partnership, either by the transfer of any shares or share therein, or by the admission of any new partner or member thereto, or by the retirement of any present partner or member therefrom: provided always, that it shall not be lawful for any company or partnership now consisting of only six or less than six persons to issue bank notes at any time after the number of partners therein shall exceed six in the whole. XII. And be it enacted, that if any banker, in any part of the United Kingdom, who after the passing of this act shall be entitled to issue bank notes shall become bankrupt, or shall cease to carry on the business of a banker, or shall discontinue the issue of bank notes, either by agreement with the governor and company of the Bank of England or otherwise, it shall not be lawful for such banker at any time thereafter to issue any such notes. XXVI. And be it enacted, that from and after the passing of this act, it shall be lawful for any society or company or any persons in partnership, though exceeding six in number, carrying on the business of banking in London, or within sixty-five miles thereof, to draw, accept or indorse bills of exchange, not being payable to bearer on demand, anything in the herein before recited act passed in the fourth year of the reign of his said Majesty King William the Fourth, or in any other act, to the contrary notwithstanding. |