Banks (1837) (WA)
WESTERN AUSTRALIA
ANNO OCTAVO
GUL. IV. REGIS
No. 1
| An Act to | rewalate the Establishment of Banking Com- panies in the Colony of Western Australia ; and to enable the proprietors of such Companies to sue and be sued in the name of any one of their Public | b |
| Officers. | [Assented to 10th July, 1837. |
HEREAS it appears that the establishment of companies con- Pmunble
purpose of carrying on the business of banking by the joint capital andWsisting of a number of individuals associated together for the
enterprise of many, which the capital and exertions of a few might be insufficient to accomplish, would tend to advance the interests and facilitate the business of this Colony ; and whereas, in order to avoid the difficulties which may arise in carrying on any legal proceedings either by or against any such companies, it is convenient and just that some particular member should be appointed who may sue and be sued in the place and stead of the whole ; and whereas these purposes cannot be effected without the aid of the Legislature : Be it therefore enacted, by His Excellency the Governor of Western Australia and its Depen- dencies, by and with the advice and consent of the Legislative Coimcil thereof, that it shall be lawful for any number of persons united in co- It shall be lawful
partnership to carry on the trade and business of bankers in Western iyfrpne%= eted
| Australia, and to make and issue their bills or notes payable on demand, in co-p | -artnersilelin | ti |
or otherwise ; and to borrow, owe, or take up any sum or sums of money t"„sT„'es,"„7
on their bills, or notes so made, or issued : Provided, always, that every bankers
member of such co-partnership or company shall be liable to, and Every member
issued, and for all sums of money which shall be borrowed, owed, and bins and notesresponsible for, the due payment of all bills and notes which shall be ;:ymbicenlita
| taken up by the co-partnership of which such person shall be a member, s | isutirs ;Pm | n doaniely |
such person being a member at the period of the date of the bills or borrowed
notes (or becoming or being a member before or at the time of the
bills or notes) being payable, or being such member at the time of the
8 GUL. IV. No. 1
Banks and Banking Companies
borrowing, owing or taking up of any sum or sums of money upon any bills or notes by the company, or while any sum of money on any bill or notes is owing or unpaid, or at the time the same became due from the company ; any agreement, covenant, or contract to the contrary
notwithstanding.
Account or re- 2. And be it further enacted, that an account or return shall be
| out annually | turn to be made made out annually, according to the form contained in the Schedule | |||||
| containing par- inarked.A, to this Act annexed, wherein shall be set forth the true titlericia....$ herein | ||||||
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| Such account to company or by their agent : And every such account or return shall be Colonialbe delivered to delivered to the Colonial Secretary, at his office, who shall cause the | ||||||
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| don | ||||||
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| verified by | ||||||
| public officer | ||||||
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| to be evidence which copy shall be certified to be a true copy under the hand of the |
Colonial Secretary for the time being, or the Chief Clerk or other officer of the said Colonial Secretary, upon proof made that such cer- tificate has been signed with the handwriting of the person making the same, shall in all proceedings, civil or criminal, and in all cases whatsoever, be received in evidence as proof of the appointment and authority of the public officers named in such account or return, and also of the fact that all persons named therein as members of such company were members thereof at the date of such account or return.
| CcirlAioal it. cre- certified copies the time being shall and is hereby required, upon application made to | 5. And be it further enacted, that the said Colonial Secretary for |
of such returns him by any person or persons requiring a copy, certified according to
this Act, of any such account or return as aforesaid, in order that the same may be produced in evidence or for any other purpose, to deliver
S GUL. IV. No. 1
Banks and Banking Companies
to the person or persons so applying for the same, such certified copy,
he, she, or they paying for the same the sum of ten shillings and no Fee for such
more. Provided also, and be it further enacted, that the secretary or "pies
other public officer of every such company shall, at the time of making Public officer
out the quarterly returns hereinafter mentioned, also make out on oath, ttirreet,°njt ,
in manner hereinbefore directed, and cause to be delivered to the tif new Liners or
Colonial Secretary as aforesaid, a further account or return, according members
to the form in the Schedule marked B, to this Act annexed, of the
name or names of any person or persons who shall have been nominated
or appointed a new or additional public officer or public officers of such
company, and also of the name or names of any person or persons or of these who
who shall have ceased to be member or members of such company, and have ceasol to bemembers
also of the name or names of any person or persons who shall have become a member or members of such company, either in addition to or in the stead of any former member thereof, and of the name or names of any new or additional town or towns, place or places, where such bills or notes are or are intended to be issued, and where the same are to be made payable ; and such further accounts or returns
| hereinbefore required with respect to the original or annual account or rfilters to be | shall be filed and kept, and entered and registered, in like manner as is Such further |
| return hereinbefore directed to be made. |
6. And be it further enacted, that all actions and suits, and all pro- Companies to sue
| ceedings at law or in equity or otherwise, howsoever to be commenced | Lliled „baemse"codi |
| or instituted, for or on behalf of any such company against any person their public | or persons, bodies politic or corporate, or others, whether members of officers | |
| such company or otherwise, for recovering any debts or enforcing any claims or demands due to such company, or for any other matter relating to the concerns of such company, shall and lawfully may from and after the passing of this Act be commenced and prosecuted in the name of any one of the public officers, nominated as aforesaid for the time being, of such company, as the nominal plaintiff or petitioner for and on behalf of such company ; and that all actions or suits and proceedings at law or in equity to be commenced by any person or persons, bodies politic or corporate, or others, whether members of such company or otherwise, against such company, shall and lawfully may be commenced and prosecuted against any ono or more of the public officers, nominated as aforesaid for the time being, of such company, as the nominal defendant for and on behalf of any such company ; and that all indictments, informations, and prosecutions by or on behalf of such company, for any stealing or embezzlement of any money, goods, effects, bills, notes, securities, or other property of or belonging to such company, or for any fraud, forgery, crime, or offence, committed against or with intent to injure or defraud such company, shall and lawfully may be had, preferred, and carried on in the name of one of the public officers, nominated as aforesaid for the time being, of such company ; and that in all indictments and informations to be had or preferred 'by How forgery; | ||
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| soever, notwithstanding such person or persons may happen to be a member or members of such co-partnership, it shall be lawful and sufficient to state the money, goods, effects, bills, notes, securities, or other property of such company, to be the money, goods, effects, bills, notes, securities, or other property of any one of the public officers, |
8 GUL. IV. No. 1
Banks and Banking Companies
nominated as aforesaid, for the time being, of such company ; and that any forgery, fraud, crime, or offence committed against or with intent to injure or defraud any such company shall and lawfully may, in such indictment, notwithstanding as aforesaid, be laid, or stated to have been committed against or with intent to injure or defraud any ono of the public officers, nominated as aforesaid, for the time being, of such company—and any offender or offenders may thereupon be lawfully convicted for any such forgery, fraud, crime, or offence, and that in all other allegations, indictments, informations, or other proceedings of any kind whatsoever, in which it otherwise might or would have been necessary to state the names of the persons composing such company, it shall and may be lawful and sufficient to state the name of any one of the public officers, nominated as aforesaid, for the time being, of
| such public | Dagth, &c,, of | such company : and the death, resignation, removal, or any act of such |
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| o | fficer not |
| suit, So. | to prejudice any ment, prosecution, information, or other proceedings commenced against |
or by or on behalf of such company, but the same may be continued, prosecuted and carried on in the name of any other of the public officers of such company for the time being.
Public officer to
| give evidence, | 7. Provided always, and be it further enacted, that in all actions, |
notwithstanding suits, petitions, or other proceedings, either at law or in equity, in
his interest in
| the msult of the | which the said public officer for the time being shall be on behalf of the |
| action or pro- |
| °ceding petitioner, or defendant, it shall and may be lawful for the said public | said bank, and under and by virtue of this Act, plaintiff, complainant, |
| officer for the time being to give evidence in such action, suit, petition, or other proceeding, notwithstanding the name of such public officer for the time being shall be used as plaintiff, complainant, petitioner, or defendant, and notwithstanding that such public officer shall or may be interested in the result of such action as a shareholder or co-partner in the said banking company. |
No more than 8. And be it further enacted, that no person or persons, or body or
11,1:,Tet:eirfrof bodies politic or corporate, having or claiming to have any demand upon
one demand or against any such company, shall bring more than one action or suit,
in case the merits shall have been tried in such action or suit in respect of such demand ; and the proceedings in any action or suit by or against any one of the public officers aforesaid, for the time being, of such company may be pleaded in bar of any other action or suit for the same demand, by or against any other of the public officers of such company.
| Court of Equity9. And be it further enacted, that every decree, or order made or | Decrees of a | |
| against public pronounced, in any suit or proceedings in a Court of Equity, against | ||
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| effect againstany public officer of any such company, shall have the like operation company against the property of such company, and against the person and pro- |
perty of every member thereof, as if every such member was a party before the Court to and in any such suit or proceeding ; and that it may be lawful for any Court in which such order or decree shall have been made to cause such order or decree to be enforced against every or any member of such company, in like manner as if every member of such company were a party before the Court to and in such suit or proceeding, and although every such member is not before the Court.
Judgments
| against such | 10. And be it further enacted, that every judgment or decree,. which shall at any time after the passing of this Act be had or |
S GUL. IV. No. 1
Banks and Banking Companies
recovered or entered up as aforesaid in any action, suit, or proceeding public officer to at law or in equity, against any public officer of any such company„Trella,ag,a,r shall have the like operation against the property of such company and
against the property of every such member thereof, as aforesaid, as if such judgment had been recovered or obtained against such company ; and that the bankruptcy, insolvency, or stopping payment of any such public officer for the time being of such company in his individual capacity, shall not be nor construed to be the bankruptcy, insolvency, or stopping payment of such company.
11. And be it further enacted, that execution upon any judgmentE xecution upon
in any action obtained against any public officer for the time being of Irag,.,,st
any such company carrying on the business of banking under the any member of
provisions of this Act, whether as plaintiff or defendant, may be issued comaaa3('
against any member or members for the time being of such company ;
and that in case any such execution against any member or members
for the time being of any such company shall be ineffectual for obtain-
ing payment and satisfaction of the amount of such judgment, it shall
be lawful for the party so having obtained judgment against such
public officer for the time being, to issue execution against any person or against any
or persons, who was or were a member or members of such company, r„7,1),„,"„,̀7,Vet:
at the time when the contract or engagement, in which suchjudgment
may have been obtained was entered into, or had become a member at
any time before such contracts or engagements were executed, or was
a member at the time of the judgment obtained. Provided always, upon notion in
that no such execution as last mentioned shall be issued without leave ,;21:1,t7,,,`"n,'„„wo,'
first granted on motion in open Court, and which motion shall be sought tobe
made on notice to the person sought to be charged ; nor after the LeI 'Aim of
expiration of three years next after any such person shall have ceased time
to be a member of such company.
12. Provided always, and be it further enacted, that every such Officers, ecc.,
public officer hi whose name any such suit or action may have been f:-,111°'„,e,a,Z,
commenced, prosecuted, or defended, and every person against whom
execution upon any judgment obtained or entered up as aforesaid in
any such action shall be issued as aforesaid, shall always be reimbursed
and fully indemnified for all loss, damages, costs, and charges, without
deduction, which any such officer or person may have incurred by
reason of such execution, out of the fluids of such company, or, in
failure thereof, by contribution from the other members of such com-
pany, as in the ordinary cases of co-partnership.
13. And be it further enacted, that all companies, and other per- Quarterly
sons, carrying on banking business, and making, and issuing promissory =tore-
| notes payable to bearer on demand, shall respectively keep weekly fury I f potes in | accounts, from the passing of this Act, of the average amount of notes rificoamat lot ande |
| in circulation, and of deposits in the said bank ; and from such weekly depots accounts, shall also make up an account at the end of each quarter, ending on the first day of April, the first day of July, the first day of October, and the first day of January, in each and every year, of the average amount of notes hi circulation, and also of the amount of deposits in the preceding quarter ; and shall return and deliver such account to the Colonial Secretary for the time being, at his office in the Colony aforesaid ; and such accounts and returns shall be verified such returns to upon the oath of the secretary or accountant, or some officer of the obactvh"'fied" |
8 GUL. IV. No. 1
Banks and Banking Companies
company, or person or persons so carrying on banking business, and malting such return ; which oath shall be taken before any Justice of the Peace, and which oath any Justice of the Peace is hereby authorised to administer ; and if any company or persons so carrying on banking business shall neglect to keep such accounts, or to make out such returns, or deliver all or any of such accounts as are required by any of the sections of this Act, or if any person verifying such account shall return or deliver any false account, the company or person or persons to whom such accounts belong shall forfeit, for every such
| Penalty for | offence, the sum of one hundred pounds ; and any person who shall knowingly and wilfully take any false oath as to any such account |
| False sweating | |
| punished as | shall be subject to such punishment and penalties as are by any law in |
| perjury | force at the time of taking such oath enacted as to persons convicted of wilful and corrupt perjury. |
| Penalties: bow | |
| recovered | 14. And be it further enacted, that all pecuniary penalties and forfeitures imposed by this Act shall and may be sued for and re- covered in the Civil Court of Western Australia, and shall be reserved to the use of His Majesty, his heirs and successors. |
default
JAMES STIRLING,
GOVERNOR AND COMMANDER-IN-CHIEF.
SCHEDULES REFERRED TO BY THIS ACT
SCHEDULE A
Return or account to be entered at the office of the Colonial Secretary of the said Colony, in pursuance of an Act passed in the eighth year of the reign of King William IV., intituled 'An Act to regulate the Establishment of Banking Com- panies in the Colony of Western Australia, and to enable the Proprietors of such Companies to sue and be sued in the name of any one of their public officers,' viz.:
Firm or name of the banking company, viz.—(set forth the firm or name).
Names and places of abode of all the partners concerned or engaged in such
company, viz.—(set forth the names and places of abode).
Names and places of the bank or banks established by such companies,
viz.—(set forth all the names and places).
Names and descriptions of the public officers of the said banking company,
viz.—(set forth all the names and descriptions).
Names of the several towns and places where the bills or notes of the said banking company are to be issued by the said company, or their agent or agents, viz.—(set forth the names of the towns and places).
A. B., of , secretary (or other officer, describing the office) of the above company, maketh oath and saith, that the above doth contain the name, style, and firm of the above company, and the names and places of the abode of the several members thereof, and of the banks established by the said company, and the names, titles, and descriptions of the public officer of the said company, and the names of the towns and places where the notes of the said company are to be issued, as the same respectively appear in the books of the said company, and to the best of the information, knowledge, and belief of this deponent.
| Sworn before me this | day of |
| at | , in the said Colony. |
C.D., Justice of the Peace.
SCHEDULE B
Return or account to be entered at the office of the Colonial Secretary of the
said Colony on behalf of (name the company), in pursuance of an Act passed in the
8 GUL. IV. No. 1
Bullies and Banking Companies
eighth year of the reign of King William IV., intituled (insert the title of this Act),
viz.:
Names of any and every new or additional public officer of the said com-
pany, viz.
A.B. in the room of CD., deceased or removed (as the case may be—set
forth the names).
Names of any and every person who may have ceased to be a member of
such company, viz.—(set forth every name).
Names of any and every person who may have become a new member of
such company—(set forth every name).
Names of any additional towns or places where bills or notes are to be
issued, and where the same are to be made payable.
A.B., of , secretary (or other officer of the above-named company), maketh oath and saith, that the above doth contain the name and place of abode of any and every person who bath become or been appointed a public officer of the above company, and also the name and place of abode of any and every person who hath ceased to be a member of the said company, and of any and every person who hath become a member of the said company since the registry of the said company, on the day of last, as the same respectively appear on the books of the said company, and to the best of the information, knowledge, and belief of this deponent.
| Sworn before me the | day of |
| at | , in the said Colony, |
C.D., Justice of the Peace.
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