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not less than the sum of twenty shillings, or on which less than that sum should be due.

17 Geo. 3, c. 30.

act.

IV. And be it further enacted, by the authority aforesaid, that Continuance of the said former, and also this present act, shall continue in force, this and former not only for the residue of the term of five years in the said former act mentioned, and from thence to the end of the then next session of parliament, but also for the further term of five years, and from thence to the end of the then next session of parliament.

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[48 Geo. 3, c. 88, ss. 1, 2, 3, 4.]

An Act to restrain the Negotiation of Promissory Notes and Inland Bills of Exchange under a Limited Sum in England.

48 Geo. 3, c. 88.

"Whereas various notes, bills of exchange and drafts for money for very small sums have for some time past been circulated or negotiated in lieu of cash, within that part of Great Britain called' England, to the great prejudice of trade and public credit, and many of such bills and drafts being payable under certain terms and restrictions, which the poorer sort of manufacturers, artificers, labourers, and others, cannot comply with otherwise than by being subject to great extortion and abuse: and whereas an act passed in the fifteenth year of the reign of his present Majesty, intituled 'An Act to restrain the Negotiation of Promissory Notes and Inland 15 Geo. 3, c. 51, Bills of Exchange under a Limited Sum, within that part of Great repealed.

48 Geo. 3, c. 88. Britain called England,' for preventing the circulating such notes and drafts; and whereas doubts have arisen as to the power of justices of the peace to hear and determine offences under the said act, and it is therefore expedient that more effectual provisions should be made for enforcing the provisions of the said act;" 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of the same, that from and after the passing of this act the said recited act shall be, and the same is, hereby repealed.

Promissory notes for less than 208. declared void.

Penalty on persons uttering such notes, 20s. to 51.

Justices may determine on such offences within twenty days.

II. And be it further enacted, that all promissory or other notes, bills of exchange or drafts, or undertakings in writing, being negotiable or transferable, for the payment of any sum or sums of money, or any orders, notes or undertakings in writing, being negotiable or transferable, for the delivery of any goods, specifying their value in money, less than the sum of twenty shillings in the whole, heretofore made or issued, or which shall hereafter be made or issued, shall, from and after the first day of October, one thousand eight hundred and eight, be, and the same are hereby declared to be, absolutely void and of no effect; any law, statute, usage or custom to the contrary thereof in anywise notwithstanding.

III. And be it further enacted, that if any person or persons shall, after the first day of July, one thousand eight hundred and eight, by any art, device or means whatsoever, publish or utter any such notes, bills, drafts or engagements as aforesaid, for a less sum than twenty shillings, or on which less than the sum of twenty shillings shall be due, and which shall be in anywise negotiable or transferable, or shall negotiate or transfer the same, every such person 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.

IV. And be it further enacted, that it shall be lawful for any justice or justices of the peace, acting for the county, riding, city or place within which any offence against this act shall be committed, to hear and determine the same in a summary way, at any time within twenty days after such offence shall have been committed; and such justice or justices, upon any information exhibited, or complaint made upon oath in that behalf, shall summon the party accused, and also the witnesses on either side, and shall examine into the matter of fact, and upon due proof made thereof, either by the voluntary confession of the party, or by the oath of one or more credible witness or witnesses, or otherwise (which oath such justice or justices is or are hereby authorized to administer), shall convict the offender and adjudge the penalty for such offence.

[55 Geo. 3, c. 184, ss. 10 to 29.]

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.

[GENERAL STAMP ACT.]

sufficient value,

X. And be it further enacted, that, from and after the passing of 55 Geo. 3. c. 184. this act, all instruments for or upon which any stamp or stamps Instruments shall have been used of an improper denomination or rate of duty, having wrong but of equal or greater value in the whole with or than the stamp stamps, but of or stamps which ought regularly to have been used thereon, shall, valid. nevertheless, be deemed valid snd effectual in the law, except in cases where the stamp or stamps used on such instruments shall have been specially appropriated to any other instrument, by having its name on the face thereof.

XI. And be it further enacted, that if any person or persons shall make, sign or issue, or cause to be made, signed or issued, or shall accept or pay, or cause or permit to be accepted or paid, any bill of exchange, draft or order, or promissory note, for the payment of money, liable to any of the duties imposed by this act, without the same being duly stamped for denoting the duty hereby charged thereon, he, she or they shall, for every such bill, draft, order or note, forfeit the sum of fifty pounds.

Exceptions.

Making, &c.,

bills of exchange, &c., not duly

stamped.

Penalty.

XII. And be it further enacted, that if any person or persons Post-dating bills shall make and issue, or cause to be made and issued, any bill of of exchange, &c. exchange, draft or order, or promissory note, for the payment of money at any time after date or sight, which shall bear date subsequent to the day on which it shall be issued, so that it shall not in fact become payable in two months, if made payable after date, or in sixty days, if made payable after sight, next after the day on which it shall be issued, unless the same shall be stamped for denoting the duty hereby imposed on a bill of exchange, and promissory note, for the payment of money at any time exceeding two months after date, or sixty days after sight, he, she or they shall, for every such bill, draft, order or note, forfeit the sum of Penalty. one hundred pounds.

XIII. And, for the more effectually preventing of frauds and evasions of the duties hereby granted on bills of exchange, drafts or orders for the payment of money, under colour of the exemption in favour of drafts or orders upon bankers, or persons acting as bankers, contained in the schedule hereunto annexed, be it further enacted, that if any person or persons shall, after the thirty-first day of August, one thousand eight hundred and fifteen, make and issue, or cause to be made and issued, any bill, draft or order for the payment of money to the bearer on demand, upon any banker or bankers, or any person or persons acting as a banker or bankers,

Issuing unstamped drafts

on bankers, without speci

fying place where issued, or if post

dated.

Penalty. Receiving, &c. such drafts.

Penalty.

55 Geo. 3, c. 184. Which shall be dated on any day subsequent to the day on which it shall be issued, or which shall not truly specify and express the place where it shall be issued, or which shall not, in every respect, fall within the said exemption, unless the same shall be duly stamped as a bill of exchange according to this act, the person or persons so offending shall, for every such bill, draft or order forfeit the sum of one hundred pounds; and if any person or persons shall knowingly receive or take any such bill, draft or order in payment of, or as a security for, the sum therein mentioned, he, she or they shall, for every such bill, draft or order, forfeit the sum of twenty pounds; and if any banker or bankers, or any person or persons acting as a banker, upon whom any such bill, draft or order shall be drawn, shall pay, or cause or permit to be paid, the sum of money therein expressed, or any part thereof, knowing the same to be post-dated, or knowing that the place where it was issued is not truly specified and set forth therein, or knowing that the same does not, in any other respect, fall within the said exemption, then the banker or bankers, or person or persons so offending shall, for every such bill, draft or order, forfeit the sum of one hundred pounds, and, moreover, shall not be allowed the money so paid, or any part thereof, in account against the person or persons by or for whom such bill, draft or order shall be drawn, or his, her or their executors or administrators, or his, her or their assignees or creditors, in case of bankruptcy or insolvency, or any other person or persons claiming under him, her or them.

Bankers paying them.

Penalty.

Promissory notes

to bearer on demand, not ex

ceeding 1007., re

makers without further duty.

XIV. And be it further enacted, that from and after the thirtyfirst day of August, one thousand eight hundred and fifteen, it shall be lawful for any banker or bankers, or other person or perissued by original sons, who shall have made and issued any promissory notes for the payment to the bearer on demand of any sum of money not exceeding one hundred pounds each, duly stamped according to the directions of this act, to reissue the same from time to time, after payment thereof, as often as he, she or they shall think fit, without being liable to pay any further duty in respect thereof; and that all promissory notes, so to be re-issued as aforesaid, shall be good and valid, and as available in the law, to all intents and purposes, as they were upon the first issuing thereof.

Such notes not liable to further duty, though re

persons not

strictly the original makers.

XV. And be it further enacted, that no promissory note for the payment to the bearer on demand of any sum of money not exissued by certain ceeding one hundred pounds, which shall have been made and issued by any bankers or other persons in partnership, and for which the proper stamp duty shall have been once paid, according to the provisions of this act, shall be deemed liable to the payment of any further duty, although the same shall be re-issued by and as the note of some only of the persons who originally made and issued the same, or by and as the note of any one or more of the persons who originally made and issued the same and any other person or persons in partnership with him or them jointly; nor although such note, if made payable at any other than the place

where drawn, shall be re-issued with any alteration therein only 55 Geo. 3, c. 184. of the house or place at which the same shall have been at first made payable.

c. 149, or 53 Geo.

years from date.

XVI. And be it further enacted, that all promissory notes for Notes re-issuable the payment to the bearer on demand of any sum of money, which under 48 Geo. 3, shall have been actually and bonâ fide issued, and in circulation, 3, c. 108, to conbefore or upon the said thirty-first day of August, one thousand tinue re-issuable eight hundred and fifteen, duly stamped, according to the afore- til end of three said act of the forty-eighth year of his Majesty's reign, and which shall then be re-issuable, within the intent and meaning of that act, or of an act passed in the fifty-third year of his Majesty's reign, for altering, explaining and amending the said former act, with regard to the duties on re-issuable promissory notes, shall continue to be re-issuable until the expiration of three years from the date thereof respectively, but not afterwards, without payment of any further duty for the same; and if any banker or bankers, In what case or other person or persons, shall, at any time after the said thirty- bankers issuing first day of August, issue, or cause to be issued, for the first time, any promissory note for the payment of money to the bearer on demand, bearing date before or upon that day, he, she or they shall, for every such promissory note, forfeit the sum of fifty Penalty. pounds.

promissory notes.

Notes, with
printed dates
1813, re-issuable
till Aug. 31, 1816.

prior to Aug. 31,

XVII. Provided always, and in regard that certain bankers in Scotland have issued promissory notes for the payment to the bearer on demand, of a sum not exceeding two pounds and two shillings each, with the dates thereof printed therein, and many such notes have been but recently issued for the first time, although they may appear by the date to be of more than three years' standing, be it further enacted, that all such promissory notes as last mentioned, which shall have been actually and bona fide issued and in circulation before or upon the said thirty-first day of August, one thousand eight hundred and fifteen, duly stamped, according to the said act of the forty-eighth year of his Majesty's 48 Geo. 3, c. 149. reign, and which shall bear a printed date prior to the thirty-first day of August, one thousand eight hundred and thirteen, shall continue to be re-issuable until the thirty-first day of August, one thousand eight hundred and sixteen, but not afterwards, without payment of any further duty for the same; and if any banker or Issuing notes bankers, or other person or persons, shall, at any time after the said thirty-first day of August, one thousand eight hundred and fifteen, issue, or cause to be issued, for the first time, any such promissory note, bearing a printed date prior to the said thirtyfirst day of August, one thousand eight hundred and thirteen, he or they shall, for every promissory note so issued, forfeit the sum Penalty. of fifty pounds.

XVIII. And be it further enacted, that from and after the thirty-first day of August, one thousand eight hundred and fifteen, it shall not be lawful for any banker or bankers, or other person or persons, to issue any promissory note for the payment of money

with printed dates for the first time.

Issuing notes printed dates.

in future with

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