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§ 3. Statute of 1826, permitting Joint Stock Banks of Issue 65
6. This Act permits formation of Joint Stock Banks not issuing
14.
Committees of House of Commons on Joint Stock Banks
15. Peel's Joint Stock Bank Act of 1844 repealed in 1857
16. Statute of 1857, c. 49
17. Limited liability conceded to Banks
18. Causes of the failure of Joint Stock Banking in England
19. Original monopoly of IIanking injurious
20. Consequences of this monopoly
21. Revolution in commercial opinion.
22. Modern commercial ideas
23. Decay of private Banking
24. Mr. Goschen's Bill to extrude the Scotch Banks from Englar
25. Statement of the Law upon the subject.
26. Common Law and Statutory Rights of all persons, partne
ships, and Corporations to issue Notes
This Right restricted by Statute
27. Quite legal for any Scotch, Irish, Colonial, or Foreign Ba
to carry on Banking business in London. provided th
they do not issue Notes in England.
.
But English Provincial Joint Stock Banks of Issue may r bank in London so long as they maintain their issues But if they abandon their issues they may
CHAPTER XVI.
ON THE BUSINESS OF BANKING.
Preliminary Observations
SECTION I.
1.
2.
3.
ON THE NATURE OF BANKING.
Definition of a Banker .
A banker may stand in four relations to his customer
Relation of banker to customer as PURCHASER from
of Specie and Debts..
Le nstrument.
ment of Credit
PAGE
§ 4. Trading customers.
5.
. 412
Relation of banker to customer as BAILEE or TRUSTEE of
6. Relation of banker to customer as PAWNEE of Banking Se- curities
7. On "SHORT" Bills.
Law relating to GooDs taken as Security
414
. 416
417
418
Law relating to Policies of LIFE ASSURANCE taken as Security 419
Law relating to DOCK WARRANTS and BILLS OF LADING taken
as Security.
The Factors' Acts.
Law relating to TITLE DEEDS taken as Security
8. Relation of banker to customer as WAREHOUSEMAN of Plate,
Jewels, Deeds, Securities, &c.
421
422
431
434
9. On a Banker's LIEN on his Customers' Securities.
10. Bankruptcy of Customer: SET OFF and MUTUAL CREDIT
11. On Securities given by Third Parties to Bankers to secure
advances to their Customers
12. On the APPROPRIATION of PAYMENTS
13. Bankers as Agents or Correspondents of other Bankers
14. On Banking Investments
5. Definitions of Terms relating to the Instrument.
6-10. General Rules relating to Instruments of Credit
11-17. On the Stamp
38-42. Law relating to the Issue of Bank Note.
37. On Banking Obligations.
43. Right of issue belongs to surviving partner.
44-52. Bank Notes as Payment .
53. Presentment for payment
495
496
56.
Definition of Cheque
. 466
57. Declaration of Trust of a Debt may be oral
. 496
58.
Rules relating to Transfer of Choses-in-action
52-63. 1. Assignment of Chose-in-action by Creditor to Trans-
459
feree.
64. 2. Order given by a Creditor to a Debtor to pay a Third
124-127.
123. Present Stamp Duties on Bank Notes, Bills, and Notes
On the CONSIDERATION for Bills and Notes
. 514
. 517
266-269. Of ACCEPTANCE OF PAYMENT supra protest or for honour 543
270-280. On the ORDER of LIABILITY of Parties to a Bill or Note. 544
281-288. On FOREIGN BILLS; and Bills drawn in Sets, Parts, or
TABLE OF CASES CITED.
The Figures in the following Table refer to the Second Volume unless the First Volume is mentioned.