Banking Companies Act 1863 (SA)

A. D. 1863.

No. 25.

An Act to provide . f i r the jeriodical pu6Zieation o j the Liabilities and Assets of' Banks it2 the Province of Sbuth qustrabia; the reqistr4ation of t?he Charters, Letters Patent, 'or. Deeds of Settlement therzof, atrd the names of the Proprietors b such

Bmz ks.

[Assented to, 12th November, 1863.1

IIEEEAS it is expedient that all banking companies, firms, Preadie,

W the Province of' South Australia, m the discounting and issuing of and individual bankers cnga~eil, or hereafter to be engaged in	bills and notes, lending money on securities, and cash credit accounts,
and other matters relating to the ordinary business of banking, should, for the information and better security of the public, furnish
in manner hereinafter mentioned, statements of their liabilities and assets, to be published and recordcd as hereinafter is directed, and also to register and deposit the charters, letters patent, or deeds of settlement of the said-banks-Bc it therefore Enacted by the Governor-in-Chief of the Province of South Australia, with the advice and consent of the Legislative Council and House of Assembly of the said Province, in this prcsent Parliament assembled,
as follows:

4 1

1. After the first day of July, one thousand eight hundred and Rtatement weekly

sirty-four, every banking company, firm, or individual banker as ~ ~ $ $ ~ ~ ~ ~, ,, ,

aforesaid in the said Province, shall, at the close of business 011 Monday of every week, preparc and make up a full and correct account and statement in writing, exhibiting the assets, property, and credits respectively belonging to every such banking compmy, firm, or individual banker as aforesaid, and also the respective debts,

and liabilities of the same.

2. From

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+ m k m S * Banking Cmpanlc'es Act.--1 863.

B%earb ataternest 2. From such weekly accounts and statements, so directed to be

to bo publiehed. made up as afoqesaid, there shall bc prepared on the last Monday of each half-year ending on the thirtieth day of June, and the thirty- first d a y z Dccember in every year, by every such banking corn- pany, firm, or individizal banker as aforesaid, respectively, n general abstract in writing of the average amount during such half-year of the respective assets, property, and credits, of every sucr;banking company, firm, or individual banker, ancl of their respeclive debts, engagements, and liabilities, in the manner and form, and under the several heads or titles, specified and set forth in the Schedule to this Act ; to which respective half-y earl y abstracts shall be subjoined a statement exhibiting the amount of the capital stock of every such banking company, firm, or individual banker as aforesaid, paid up at the close of the half-year for which such abstracts respectively shall be so made up; thc rate and amount of the 'last dividend that may have been declared to the $hare-

&	holders or proprietors, and thc amount of the reserved profit at the time of declaring such dividend; and such respcctiw half-yearly abstracts and statenlents shall be verified upon the oath of the manager, accountant, or clerk of every such banking conlpany, firm, or individual banker as aforesaid, making thc same, and shall within one calendar month after the close of every such half-
year, or as soon ihsrcafter as may be practicablc, bc delivered to
the Chief Secretary for the time being, to be laid before Parliament, and published in the Gcuemnent Gazette : Provided that the half- Teariy returns required to be published by this Act shall be in lieu of any returns required by any Act now in to be made a id laid before Parliament by any banking establishment in the said Province.

Penalty for negl~t ing

to keep or makr	3. If any such banking company, firm, or individual banker, shall neglect to keep such weekly accounts, or to makc out, or to return, or to deliver such half-yearly abstracts to the Chief Secretary as aforesaid, or if any manager, accountant, or clerk verifying any such abstract, shall deliver or return to the said Chief Secretary any false
rbtums,
account, or abstract, of such averages, every such banking company, firm, or individual banker, so neglecting or making such false
account or abstract, shall forfeit for every such, offence, the sum of Five Hundred Pounds; such penalty to be recovered by action of debt in the Supreme Court, or any other Court of competent juris- diction in the said Province, by any person who shall sue for the same.
Copy of charier,

letters atent, or 4. A copy of the charter, letters patent, or of the deed of CO-

*.a oPsettlem,t to partnership and settlement of every such banking company, or firm,

be in fhc

Supreme Court.	as aforesaid, attested by the manager, accountant, or cl& for the time being, of such banking companies or firms respectively to be
a true transcript of the original charter, letters patent, or of the
deed of CO-partnership and settlement respectively, of such banking company or firm, or any alteration or addition to such deed, shall be registered and deposited in the Snpremc Court of the said Province,

" by the maiager, accountant, or clerk of such banking companies or

firms rcspectively, within thirty days from and after the day on

which

26" & 27" VICTORIB, No. 25.

Bnnking Companies Act-1863.

which this Act shall, commence and take effect, or as soon thereafter as may be practicable (if not already registered), and the same shall be open for inspection at all reasonable times by any person rcqniring to inspect the same, on payment of a fee of One Shilling

for each such inspection; and if any such manager, accountant,

or clerk, shall omit, or ncglect so to register such attested copy of the original charter, letters y ateut, or deed of CO-partnership and settle- ment of any such banking company or firm, as aforesaid, or any alteration or addition thereto, within the time bereinbefore directed for registering the same, he shall be subject and liable to n penalty of ""ally.

One Hundrecl Pounds, to be recovered by a n action of debt in the said Suprenle Court, or any other Court of competent jurisdiction of

the said Pro~ince, by any person who shall sue for the same.

6. AS often as any new charter, letters patent,, or dccd of CO- Copy of new charter lettcrs pstcnt, or

partnership and scttlcmcnt, of any such banking company, or firm, a, ,a to be in like

as aforesaid, may issue, or be eutercrl i i r t~, or ally new banking marmerrccordcd.

company, or firm be cstablisl~cd, a copy of the chartcr, lettcrs patent,

'or of the dced of CO-partnership and settlement, attested as aforesaid,

shall in like nlailncr be registered and deposited in the said Supreme Court, for the purposes, and subject to the penalty hereinbefore imposed on thc party neglecting, or omitting, duly to make such registry as afore:aid.

6. '.The mbnager, accountant; or clcrk, of every snch banking corn- Ksrnca ofproprietore

pmy or firm, as aforesaid, shall, within thirty clays from and after the tha to be alsa rworded

first day of July in each and every ycar, or as soon thereafter as Court.

may be practicable, cause a true and COI ' I ICC~ list of thc i~ames of a11

the persons who shall be then existing proprietors or members of such conlpauies or firms respectively, with their respective places of :tbocle and descriptions, so far as the same shall bc known, to be recorded on oath in the said Supreme Court, and the same shall be open for inspeciion at all reasonable times by any person requiring the same, on payment of a fee of One Shilling for each such inspec-

neglect to cause such list to be recorded in manner atoresaid, or	tion; and if any such manager, accountant, or clerk, shall omit or
shall wilfully falsify any snch list, lie sl~all be subject and lizble to a penalty of One Hundred I'ounrls, to be rccovcrcd by an action of debt in the said Supreme Court, or any other Court of competent jurisdiction of the said Province, by any person who shall sue for thc same.

7. Every person, whose name shall be so recorded as afwxiid, Linbilityof such " b8

shall be considered, taken, and held to be, a mcmbcr or proprietor of the banking company or firm in which his or her name shall

be so recorded as aforesaid, and sl~all be liable to be sued as such

mtil a new list of the names of the mcmbers or proprietors of such banking company, or firm shall be recorded as aforesaid: Provided howcvcr, that nothing herein contained shall be deemed or proviso.

constrned to absolve any person from liability on account of any debts incurred by any such banking company or firm, during the

time

26" & 27" VICTORIA$ No. 25.

Bun king Cmpanies Act.-1 863.

time such person remained a proprietor or member thereof, or to render any individual proprietor or inember of any banking company or firm, established by Royal Charter, lettcrs patent, or under ''An Act to provide for the Registration of Joint Stock Companies, and for limiting the liability of members thereof," or by any Act of Par- liament of Great Britain and Ireland, or of the said Province, liable for any debts incurred by the same, except so far as he or she may be liable under the provisions of such charter, or'lettem patent, or Act of Parliament.

Oathe to be taken

before a Justice.	8. Every oath required to be taken under the provisions of this Act may be taken before any Justice of the Peace, who is hereby
or clerk, who shall take any false oath as to any half-yearly abstract B authorized to administer the same; and m y manawr, accountant,
of averages, or other matter or thing under the provisiolis of this
Penalty tor perjury.	Act, shall be subject to such pains and penalties as are by law in force at the time of taking such oath, enactcd as to persons con- victed of wilful and corrupt perjury.

Limitationsofactions. 9. No action shall lie against any person for any offence corn-

mitted against the provisions of this Act, unless the same shall be comrnenccd within two ycars from the time the offence shall be alleged to have been committed.

Proo£ofinnailit~

to 10. If in any case any matter or thing required to be done or per- &all not have becn so done or pcrformcd, the proof that it was not practicable to do so shall lie upon the party rcquired to do or pcrfbrm the same: Provided that no excuse shall be dlowed for any such

comply with Act in

dven	to lie on formed undcr the provisions of this Act, within any given period,
party.

Proviso.	failure or neglect unless it be clearly shown that the matter or thing required to bc done or performed was donc or performed as soon as
was practicable.

Defining banks to J 1. This Act shall apply to every company, firm, or individml

whioh Act shall apply. publicly engaeed in the ordinary business of banking, by receiving

deposits, and ~ssuing	bills or notes, payable to the bearer, at sight,
or 011 demand.

Publication in ~ m t f e 12. All publications required by this Act to be inserted in the

free	chargu. Government Gazette, shall be so inserted free of charge.
-.

Short titlc. 13. This Act may be cited as " The Banking Companies Act."

Commence~ent of 14. This Act shall come into operation on the first day of Janua~y ,

Act. one thousand eight hundred and sixty-four.

In the name and on behalf of the Queen I hcreby assent to

this Act.

D. DALY, Governor.

. .

SCHEDULE

SCHEDULE REFERRED TO.

, taken from the several weekly statements during

;eneraZ Abstract, showing the average amount of the Linhitities and Assets of the Bank of the haw-year, from the

.............. Coined gold and silver, and other coincd metals ..........

3'0tes in circdation ( Not bearing interest	Bearing interest.	................	Gold and silver in bullion or bars.. ....................
Government securities ..............................

Not bearing interest .............. Landed property ....................................

in	( Bearing interest.	.................	Notes and bills of other banks	........................
Balances due from other banks	........................

Amount of all debts due to the bank, including notes, bills

Balances due to other banks .......................... of exchange, and all stock and funded debts of every

Not bearing interest ............ description, excepting notes, bills, and balances due to

Deposits .......... Bearing interest.. .............. the said bank from other banks .......-............

Total amount of liabilities ......... .;G Total amount of aasets ............ ..S

b o u n t of the capital stock paid up at the close of the half-year ended

, .I8 ........................................

Rate of the last divdend declared to the shareholders.. ................

Amount of the last dividend declared.. ..............................

h o u n t of the reserved profits a t the time of declnring such dividend ....

, Manager.

Yace and date. , Accountant.

I, A.B., make oath, that to (he best of my knowledge and belief, the foregoing abstract is a true and faithful account of the average amount of asaets

nd liabilities of the above bank during the period specified ; and that the same was made up from the weekly statements thereof, kept in pursuance of

he progisions of the Act of the Parliament, No. , 1863.

(Signed) A.B.

Sworn before me, at , this day of , 18 i C. D., Justice of the Peace.