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1 & 2 GEO. IV. c. 70.

An Act to regulate Acceptances of Bills of Exchange.-[Passed d
July, 1821.]

APPENDIX.

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WHEREAS according to the law as hath been adjudged, where a bill is accepted payable at a banker's, the acceptance thereof is not a general but a qualified acceptance: And whereas a practice hath very generally prevailed among merchants and traders so to accept bills, and the same have, among such persons, been very generally considered as bills generally accepted, and accepted without qualification: And whereas many persons have been, and may be much prejudiced and misled by such practice and understanding, and persons accepting bills may relieve themselves from all inconvenience, by giving such notice as hereinafter mentioned of their intention to make only a qualified acceptance 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 from and after the first day of August now next ensuing, if any person shall accept a bill of exchange, paya-able at a ble at the house of a banker or other place, without further expression banker's or in his acceptance, such acceptance shall be deemed and taken to be, to otherplace, all intents and purposes, a general acceptance of such bill; but if the deemed general acacceptor shall in his acceptance express that he accepts the bill, paya- ceptance. ble at a banker's house or other place only, and not otherwise or else- Bills where, such acceptance shall be deemed and taken to be, to all intents cepted payand purposes, a qualified acceptance of such bill, and the acceptor able at a shall not be liable to pay the said bill, except in default of payment banker's or when such payment shall have been first duly demanded at such bank-only, deemer's house or other place. ed a qualified acceptance.

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II. And be it further enacted, That from and after the said first day of August, no acceptance of any inland bill of exchange shall be Acceptansufficient to charge any person, unless such acceptance be in writing writing on on such bill, or if there be more than one part of such bill, on one of the the bill. said parts.

39 GEO. 3. c. 85. A. D. 1799.

An Act to protect Masters against Embezzlements by their Clerks or

Servants.

• WHEREAS bankers, merchants, and others, are, in the course of their dealings and transactions, frequently obliged to entrust their 'servants, clerks, and persons employed by them in the like capacity, with receiving, paying, negotiating, exchanging, or transferring, mo'ney, goods, bonds, bills, notes, banker's drafts, and other valuable effects and securities: And whereas doubts have been entertained whether the embezzling of the same by such servants, clerks, and others so employed by their masters, amounts to felony by the law of • England, and it is expedient that such offences should be punished in the same manner in both parts of the United Kingdom;' Be it enacted and declared by the King's Most Excellent Majesty, by and with the

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APPENDIX. advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, Servants or That if any servant or clerk, or any person employed for the purpose in the capacity of a servant or clerk, to any person or persons whomsoever, ceiving any or to any body corporate or politic, shall, by virtue of such employment, other ef- receive or take into his possession any money, goods, bond, bill, note, on banker's draft, or other valuable security, or effects, for or in the name their mas- or on the account of his master or masters, or employer or employers, and shall fraudulently embezzle, secret, or make away with the same, fraudulent- or any part thereof, every such offender shall be deemed to have felonily embez-ously stolen the same from his master or master, employer or employers, zling or se- for whose use, or in whose name or names, or on whose account the creting any same was or were delivered to, or taken into the possession of such serpart thereof, shall be vant, clerk, or other person so employed, although such money, goods, deemed to bond, bill, note, banker's draft, or other valuable security, was or were have feloni- no otherwise received into the possession of his or their servant, clerk, ously stolen or other person so employed; and every such offender, his adviser, proand such curer, aider or abettor, being thereof lawfully convicted or attainted, offenders & shall be liable to be transported to such parts beyond the seas as his their abet- Majesty, by and with the advice of his Privy Council; shall appoint, for tors shall, any term, not exceeding fourteen years, in the discretion of the court before whom such offender shall be convicted or adjudged. ble to be transported for fourteen years. [559]

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52 GEO. 3. c. 63. A. D. 1812.

An Act for more effectually preventing the Embezzlement of Securities for money and other Effects, left or deposited for safe Custody, or other special Purposes, in the Hands of Bankers, Merchants, Brokers, Attorneys, or other Agents.

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Whereas it is expedient that due provision should be made to prevent the embezzlement of government and other securities for money, plate, jewels, and other personal effects, deposited for safe custody, or for any special purpose, with bankers, merchants, brokers, attorneys, and other agents, entrusted by their customers and employers;' 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 Persons of the same, That if any person or persons with whom (as banker or subject to bankers, merchant or merchants, broker or brokers, attorney or attor punish- neys, or agent or agents of any description whatsoever) any ordinance for debenture, exchequer bill, navy, victualling or transport bill, or other ment of any bill, warrant or order for the payment of money, state lottery ticket or deed, or certificate, seaman's ticket, bank receipt for payment of any loan, India other secu-bond, or other bond, or any deed, note, or other security for money, or rity for mo- for any share or interest in any national stock or fund of this or any other country, or in the stock or fund of any corporation, company or society established by act of parliament or royal charter, or any power [ 560 ] of attorney for the sale or transfer of any such stock or fund, or any share or interest therein, or any plate, jewels, or other personal effects, shall have been deposited, or shall be or remain in safe custody, or upon or for any special purpose, (without any authority, either general, spe

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cial, conditional, or discretionary, to sell or pledge such debenture, bill, APPENDIX. warrant, order, state lottery ticket or certificate, seaman's ticket, bank ..... receipt, bond, deed, note, or other security, plate, jewels, or other personal effects, or to sell, transfer or pledge the stock or fund, or share of interest in the stock or fund to which such security or power of attorney shall relate) shall sell, negotiate, transfer, assign, pledge, embezzle, secrete, or in any manner apply to his or their own use or benefit, any such debenture, bill, warrant, order, state lottery ticket or certificate, seaman's ticket, bank receipt, bond, deed, note, or other security, as hereinbefore mentioned, plate, jewels, or other personal effects, or the stock or fund, or share or interest in the stock or fund to which such security or power of attorney shall relate, in violation of good faith, and contrary to the special purpose, for which the things hereinbefore mentioned, or any or either of them, shall have been deposited, or shall have been or remained with or in the hands of such person or persons, with intent to defraud the owner or owners of any such instrument or security, or the person or persons depositing the same, or the owner or owners of the stock or fund, share or interest, to which such security or power of attorney shall relate, every person so offending in any part of the United Kingdom of Great Britain and Ireland, shall be deemed and taken to be guilty of a misdemeanor, and being thereof convicted according to law, shall be sentenced to transportation for any term not exceeding fourteen years, or to receive such other punishment as may by law be inflicted on a person or persons guilty of a misdemeanor, and as the court before which such offender or offenders shall be tried and convicted shall adjudge.

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II. And whereas it is usual for persons having dealings with bankers, merchants, brokers, attorneys and other agents, to deposit or place in the hands of such bankers, merchants, brokers, attorneys and other agents, sums of money, bills, notes, drafts, checks, or orders for the payment of money, with directions or orders to invest the moneys so [561] paid, or to which such bills, notes, drafts, checks or orders relate, or

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part thereof, in the purchase of stocks or funds, or in or upon government, or other securities for money, or to apply and dispose thereof in other ways or for other purposes; and it is expedient to prevent embezzlement and malversation in such cases also;' Be it therefore enacted by the authority aforesaid, that if any such banker, merchant, broker, attorney or other agent, in whose hands any sum or sums of bankers & money, bill, note, draft, check, or order for the payment of any sum or disposing sums of money shall be placed, with any order or orders in writing, and for their signed by the party or parties who shall so deposit or place the same, to own use of invest such sum or sums of money or the money to which such bill, note, draft, check or order as aforesaid shall relate, in the purchase of stock or fund, or in or upon government or other securities, or in any other way or for any other purpose specified in such order or orders, shall in any manner apply to his or their own use and benefit, any such sum or sums of money, or any such bill, note, draft, check or order for the payment of any such sum or sums of money as hereinbefore mentioned, in violation of good faith, and contrary to the special purpose specified in the direction or order in writing hereinbefore mentioned, with intent to defraud the owner or owners of any sum or sums of money; every person so offending in any part of the United Kingdom, shall in like manner be deemed and taken to be guilty of a misdemeanor, and being convicted thereof according to law, shall incur and suffer such punishment as hereinbefore mentioned.

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APPENDIX. III. Provided always, and be it further enacted by the authority aforesaid, that nothing herein contained shall extend, or be construed Act not to extend, to prevent any of the persons, hereinbefore mentioned from persons re-receiving any money which shall be or become actually due and payaceiving mo- ble upon or by virtue of any of the instruments or securities hereinbeney due on fore mentioned, according to the tenor and effect thereof, in such mansecurities. ner as he or they might have done, if this act had not been made.

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Not to ex- IV. Provided also, and be it further enacted by the authority aforeto said, that the penalty by this act annexed to the commission of any of fence intended to be guarded against by this act, shall not extend, or privy to of be construed to extend, to any partner or partners, or other person or persons of or belonging to partnership, society or firm, except only such [562 partner or partners, person or persons, as shall actually commit or be accessary or privy to the commission of such offence any thing herein contained to the contrary in anywise notwithstanding.

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Not to les- V. Provided also, and be it further enacted by the authority aforeany said, that nothing in this act contained, nor any proceeding, conviction remedy at or judgment to be had or taken thereupon, shall hinder, prevent, lesequity, re- sen, or impeach any remedy at law or in equity, which any party or garding parties aggrieved by any offence against this act might or would have ag-had, or have been entitled to, if this act had not been made, nor any proceeding, conviction, or judgment had been had or taken thereupon; but nevertheless the conviction of any offender against this act shall not be received in evidence in any action at law, or suit in equity, against such offender; and further, that no person shall be liable to be convicted by any evidence whatever, as an offender against this act, in respect of any act, matter or thing done by him, if he shall, at any time previously to his being indicted for such offence, having disclosed such act, matter or thing on oath, under or in consequence of any compulsory process of any court of law or equity, in any action, suit, or proceeding, in or to whom, he shall have been a party, and which shall have been bona fide instituted by the party aggrieved by the act, matter or thing, which shall have been committed by such offender aforesaid.

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VI. Provided always, and it is hereby expressly enacted and declared trus- that nothing in this act contained shall extend to or affect any person or or persons being a trustee or trustees in or under any marriage settlement, mortgagees will, or other deed or instrument, or being a mortgagee or mortgagees

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of any property whatsoever, whether real or personal, in respect of any act or acts done by any such person or persons in relation to the property comprized in or affected by any such trust or mortgage as aforesaid.

VII. Provided always, and be it enacted, that every person who of shall commit in Scotland any offence against this act, which by the propersons of visions thereof is constituted a misdemeanor, shall be liable to be purfending inished by fine and imprisonment, or by either of them, or by transportation for any term not exceeding fourteen years, as the judge or judges before whom such offender shall be tried and convicted may direct.

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Act not to VIII. Provided always, and it is hereby enacted, that nothing herein bankers contained shall extend to restrain any banker, merchant, broker, at from disposing of securities on which they have a lien.

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torney, or other agent, from selling, negotiating, transferring, or other- APPENDIX. wise disposing of any securities, property or other effects as aforesaid, in their custody or possession, upon which they shall have any lien, claim or demand, which by law entitles them to sell or dispose thereof, unless such sale, transfer or other disposal shall extend to a greater number or to a greater part of such securities, property, or other effects as aforesaid than shall be requisite or necessary for the purpose of paying or satisfying such lien, claim or demand; any thing hereinbefore contained to the contrary thereof in anywise notwithstanding.

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