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Act not to affect Her

Majesty's right to sign commissions.

manding-in-Chief, and of one of Her Majesty's Principal Secretaries of State, and, in the case of the Royal Marines, of the Lords Commissioners of the Admiralty, and, in the case of military chaplains, commissariat and store officers, and of adjutants and quartermasters in the Militia and Volunteer Forces, of one of Her Majesty's said Principal Secretaries; and that every such commission issued and signed in pursuance of such Order in Council shall be conclusive evidence that the officer named in any such commission has been appointed or promoted by Her Majesty to the rank or office named therein.

2. NOTHING herein contained shall be construed to prevent Her Majesty from signing any commission, or to prevent any commission so signed from having the same validity and effect as if this Act had not passed.

23 & 24 Vict. c. 102.

"India stock."

CHAPTER 7.

AN ACT to provide for the Registration and Transfer of India Stocks at the Bank of Ireland, and for the mutual Transfer of such Stocks from and to the Banks of England and Ireland respectively. [11th April 1862.]

WHEREAS by an Act passed in the session holden in the twenty-third

and twenty-fourth years of the reign of Her present Majesty, chapter one hundred and two, the Secretary of State in Council of India was authorized from time to time to make such arrangements with the Governor and Company of the Bank of England, as should be deemed expedient, for the payment of debts and obligations of the Government of India, and of the interest thereon, and for the creation and registration and for the transfer of and the payment of interest on any stock into which any such obligations might be convertible: And whereas certain arrangements have been made under the authority of the said Act; and in pursuance of such arrangements the stocks in certain loans secured by and chargeable on the revenues of India, and the transfers thereof, are registered at the Bank of England, and the dividends thereon are paid at such Bank: And whereas it is expedient that provision should be made so as to enable the transfer of stock raised in the United Kingdom on the credit of the revenues of India to the Bank of Ireland, and for the registration and transfer of and the payment of dividends on such stock so transferred at such last-mentioned Bank: And whereas it is expedient to make provision for the mutual transfer of such stock from and to the Bank of England and the Bank of Ireland respectively: Be it therefore enacted by the Queen'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, as follows:

Interpretation 1. In this Act the expression "India stock" means stock created or to be of expression, created for the raising of money in the United Kingdom on the credit of the revenues of India, but does not include the stock commonly known by the name of East India Stock.

Power to transfer India

stock from the

2. FROM and after the passing of this Act it shall and may be lawful for any person or persons holding any India stock transferable at the Bank of England, upon making application in the manner herein-after provided, to Bank of Eng- transfer or cause to be transferred such stock, for the purpose of having the

books of the

land to the

same amount of stock of the same denomination written into the books of the Governor and Company of the Bank of Ireland, and to be transferable at such Bank; and the dividends on the stock so transferred shall be payable halfyearly at the Bank of Ireland on the same days on which such dividends would have been payable at the Bank of England if the said stock had never been so transferred.

books of the

Bank of

Ireland.

or transfers

at the Bank of

Ireland, &c.

3. THE several stocks so transferred, or any share or interest therein, and Assignments the proportional dividend attached thereto respectively, shall be assignable of stock so and transferable at the Bank of Ireland, as directed by this Act, and not transferred otherwise; and there shall be kept at the Bank of Ireland within the City of to be made Dublin a book or books wherein all assignments or transfers of any part of the several stocks and the proportional dividends attached thereto respectively shall be entered and registered; which entries shall be conceived in proper words for that purpose, and shall be signed by the parties making such assignments or transfers, or, if any such party or parties be absent, by his, her, or their attorney or attornies thereunto lawfully authorized by writing under his, her, or their hands and seals, to be attested by two or more credible witnesses; and the person or persons to whom any such assigument or transfer shall be made, or, in case of absence, his, her, or their attorney or attornies thereunto lawfully authorized as aforesaid, shall respectively underwrite his, her, or their acceptance thereof; and no other method of assigning or transferring any such stock and the dividend attached thereto, or any interest therein, at the Bank of Ireland, shall be good and available in law; and no stamp duties whatsoever shall be charged upon the said assignments or transfers or any of them.

4. IT shall and may be lawful for any person or persons holding any India stock transferable at the Bank of Ireland, upon making application in the manner herein-after provided, to transfer or cause to be transferred such stock, for the purpose of having the same amount of stock of the same denomination written into the books of the Governor and Company of the Bank of England, and to be transferable at such Bank.

Power to

transfer India

Bank of Ire

stock from the
books of the
land to the
books of the
Bank of
England.
No transfer

shall be made
within a certain

period before the closing

day.

5. NOTWITHSTANDING anything herein-before contained to the contrary, it shall not be lawful for any person to make any transfer of any stock from the Bank of England to the Bank of Ireland, or from the Bank of Ireland to the Bank of England, under the provisions of this Act, at any time within three clear days before the day on which the books shall be closed for the purpose of striking the balances of the several accounts for the purpose of calculating the half-yearly dividend, or within such other period as the Governor and Company of the Bank of England, in concurrence with the Governor and Company of the Bank of Ireland, may from time to time prescribe. 6. ANY person or persons holding India stock transferable at the Bank of Application to England or at the Bank of Ireland respectively, and desiring to transfer the be made to the Banks of Engsame so as to make such stock transferable at the Bank of Ireland or at the land and Bank of England respectively, shall apply in writing, or cause application in writing to be made by some person on his, her, or their behalf, to the Governor and Company of the Bank of England or Bank of Ireland respectively at which such stock shall be transferable, for permission to transfer or cause to be transferred such stock for the purpose of having the same amount of stock of the same denomination written into the books of the Governor and Com

Ireland for permission to transfer from

the one to the other, and upon such

transfers being made certificates to be

granted, &c.

Notices of

transfers to be

sent to the Bank

into which the

stock is to be transferred.

Books to be provided for entering

transfers under

this Act at the Banks of England and Ireland respectively.

pany of the Bank of Ireland or into the books of the Governor and Company of the Bank of England respectively, as the case may require; and such application shall be according to such form as shall be established by the Governor and Company of the Bank of England in concurrence with the Governor and Company of the Bank of Ireland, and shall be the same in all cases; and upon such application having been made, and upon such person or persons transferring the stock or causing the same to be transferred into the name of the Accountant General of the Bank of England or Bank of Ireland respectively, at which it shall be desired that such stock shall be transferred, it shall and may be lawful for the Governor or Deputy Governor of the Bank of England or for the Governor or Deputy Governor of the Bank of Ireland, as the case may require, or for the Accountant General or Deputy Accountant General of such Governor and Company, or for the secretary or assistant secretary of such Governor and Company for the time being, and they are hereby respectively authorized and required, to grant a certificate to the person or persons making such transfer, or on whose behalf such transfer shall have been made, directed to the Governor and Company of the Bank of Ireland or the Governor and Company of the Bank of England to which it shall be desired that such stock shall be transferred; and such certificate shall be according to such form as shall be established by the Governor and Company of the Bank of England, in concurrence with the Governor and Company of the Bank of Ireland, and shall be the same in all cases; and such certificate shall state that the person or persons therein mentioned has or have transferred or caused to be transferred at the Bank of England or the Bank of Ireland, as the case may be, the stock therein described, to the Accountant General of the Bank of England or the Bank of Ireland, as the case may be, for the purpose of having the amount of such stock written in the name or names of such person or persons into the books of the Governor and Company of the Bank of Ireland or of the Governor and Company of the Bank of England, as the case may be, and shall describe such stock, and specify the amount thereof; and thereupon the amount of the stock comprised in such certificate shall be written off the account of the Accountant General of the Bank of England, or the account of the Accountant General of the Bank of Ireland, by an entry made in conformity with such certificate.

7. In every case where any transfer for the purposes of this Act shall be made at the Bank of England, the Governor and Company of the said Bank shall cause notice thereof to be transmitted to the Governor and Company of the Bank of Ireland on the same day on which such transfer shall be made; and in like manner in every case where any transfer for the purposes of this Act shall be made at the Bank of Ireland, the Governor and Company of the Bank of Ireland shall cause notice thereof to be transmitted to the Governor and Company of the Bank of England on the same day on which such transfer shall be made.

8. A book or books shall be provided and kept by the Governor and Company of the Bank of England and the Governor and Company of the Bank of Ireland at the Bank of England and Bank of Ireland respectively, in which shall be fairly entered the names of all persons making any transfer of any stocks to the Accountant General of the said Banks respectively, under the provisions of this Act; to which book or books it shall and may be lawful for

all persons making any such transfer, their respective executors, administrators, and assigns, from time to time and at all reasonable times to resort, and to inspect the same, without any fee or charge.

of certificate

transfer is

transfer is

write the

amount of

stock into their

books.

9. WHENEVER any transfer shall be made of any stock for the purposes of On production this Act at the Bank of England or at the Bank of Ireland respectively, then from the Bank and in every such case, upon the production of a certificate of the Governor where the or Deputy Governor of the Bank of England or of the Governor and Company made, the Bank of the Bank of Ireland at which any such transfer shall have been made, or of to which the the Accountant General or Deputy Accountant General or of the secretary or made shall assistant secretary of such Governor and Company respectively, granted according to the directions of this Act, the Governor and Company of the Bank of Ireland or the Governor and Company of the Bank of England respectively are hereby authorized and required to write or cause to be written into the books of such Bank of Ireland or Bank of England respectively, as the case may require, relating to stock of the same denomination, the amount of stock specified in such certificate; and such amount of stock shall be written accordingly, transferable under the provisions of this Act at the Bank of Ireland or Bank of England respectively, as the case shall require, and shall be payable and transferable at such Bank of England or Bank of Ireland respectively; and every such amount of stock so written into the books of the Bank of Ireland or of the Bank of England respectively shall be entitled to interest or dividend payable at the Bank to which such transfer shall have been made, except as to stock which shall have been transferred after the closing and before the dividend shall become payable, in which case the party making the transfer shall receive the current dividend at the Bank from which such transfer shall have been made.

Banks of EngIreland to certify to the State in Council Secretary of of India the

land and

amount of

stock written in their books prior to dividend, and the

10. THE Governor and Company of the Bank of England and the Governor and Company of the Bank of Ireland, upon making up their books preparatory to the payment of each and every half-yearly interest or dividend upon any stocks transferable under this Act, shall certify to the Secretary of State in Council of India, or to such officer or officers as the Secretary of State in Council of India shall direct, the amounts of such stocks which shall then be written in the books of the Governor and Company of the Bank of England or of the Governor and Company of the Bank of Ireland, and shall be transferable at such Banks respectively under the provisions of this Act; and upon paid to them the receipt of such certificates the Secretary of State in Council of India is by such hereby authorized and required to pay to the Governor and Company of the Secretary of Bank of England, and to the Governor and Company of the Bank of Ireland, or into the Bank of England to the account of the Governor and Company of the Bank of Ireland, respectively, the amount of all interest or dividends then being or becoming payable upon such amounts of stocks as are specified in such certificates respectively.

dividend to be

State.

under this Act

to be paid to

the Bank of Ireland.

11. In addition to the amount of interest or dividend which shall from time Remuneration to time be paid to the Governor and Company of the Bank of Ireland under for services the last provision, the Secretary of State in Council of India shall at the same time pay to the Governor and Company of the Bank of Ireland, or to the account of such Governor and Company at the Bank of England, as a remuneration for their services in the execution of this Act, such sum as shall from time to time be fixed as the amount of such remuneration under any arrange

Duplicates may be granted of certificates lost

or destroyed.

Power to

to close books for transfer.

ment or agreement to be made between the Secretary of State in Council of India and the Governor and Company of the Bank of Ireland.

12. In case of the loss or destruction of any certificate of the Governor or Deputy Governor, Accountant General, or Deputy Accountant General, secretary or assistant secretary of the Bank of England or of the Bank of Ireland respectively, granted for the purposes of this Act, it shall and may be lawful for any such Governor or Deputy Governor, Accountant General or Deputy Accountant General, secretary or assistant secretary, and they are hereby respectively authorized and empowered, upon proof of such loss or destruction to their satisfaction, to grant a duplicate of such certificate; and such duplicate shall be full and sufficient authority for the purposes of this Act, and shall stand in the place and stead of the original certificate, if such original certificate shall not have been previously found and acted upon: Provided always, that upon any loss or destruction or alleged loss or destruction of any such original certificate, and on the production of any such duplicate certificate, it shall and may be lawful for the Governor and Company of the Bank of England or the Governor and Company of the Bank of Ireland respectively, and they are hereby authorized and required, to demand and take from the party or parties tendering any such duplicate full and sufficient security to Her Majesty, her heirs and successors, to indemnify such Governor and Company against the production of or any claim which shall be made under or by virtue of any such original certificate so lost or destroyed, or alleged to have been lost or destroyed; and if at any time after the time when a duplicate certificate shall have been produced and acted upon under this Act the original of such certificate shall be tendered to the Governor and Company of the Bank of England or the Governor and Company of the Bank of Ireland, it shall and may be lawful for such Governor and Company, and they are hereby authorized and required, to detain such original certificate, and to cancel the same, and to transmit the same so cancelled to the Governor and Company of the Bank of England or the Governor and Company of the Bank of Ireland, as the case may be, by or on whose behalf such certificate shall have been given, and to deliver up such security as shall have been entered into touching the said original certificate to the party or parties entering into such security, or such of them as shall require the same.

13. THE Governor and Company of the Bank of Ireland shall be at liberty Bank of Ireland to close their books for transfer of India stock on any day in the month prior to the days for payment of the half-yearly dividends on such stock, such day to be fixed or agreed on between the Bank of England and the Bank of Ireland; provided, however, that the period for which the same shall be closed shall not exceed fifteen days; and the person or persons who on the day of such closing shall appear in the said books to be the proprietor or proprietors thereof shall be entitled to the current dividend thereon.

Persons

forging, &c. certificates,

guilty of felony.

14. IF any person or persons shall forge or counterfeit, or cause or procure to be forged or counterfeited, or shall willingly act or assist in the forging or counterfeiting, any certificate or duplicate certificate required by this Act, or shall alter any number, figure, or word therein, or shall utter or publish as true any such false, forged, counterfeited, or altered certificate, with intent to defraud the Governor and Company of the Bank of England or the Governor and Company of the Bank of Ireland, or any body politic or corporate, or any

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