Commercial Banking Company Act 1852 No cbc (NSW)

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" of Sydney' and for other purposes therein 'mentioned" whereby a cer ta in l imit there in expressed is imposed in respect of the to ta l amount of

An Act to amend an Act intituled " An Act to

" incorporate the Proprietors of a certain Bank-
" ing Company called ' The Commercial Banking
" Company of Sydney' and for other purposes
" therein mentioned" [28th December, 1852.]
WH E R E A S it has been the A c t of Council passed in t h e eleventh year of H e r present
found t h a t t h e enac tmen t s conta ined in
Majesty 's re ign in t i tu led " An Act to incorporate the Proprietors of a
" certain Banking Company called ' The Commercial Banking Company

of t he promissory notes of t he said hank payable on demand to be issued and in circulat ion and whereby a cer ta in o ther l imit is imposed in respect of t he to ta l a m o u n t of t he debts engagements and liabilities of t he said bank whether upon bonds bills promissory notes or other­ wise cont rac ted o ther t h a n such as the re in excepted arc unnecessar i ly

and inconvenient ly restr ic t ive u n d e r t he al tered c i rcumstances of the
Colony A n d whereas it is expedient to repeal t he same and to substi­

t u t e in l ieu thereof o ther provisions of a more expansive charac ter Be i t therefore enacted by His Excel lency the Governor of N e w South Wales by and wi th the advice and consent of t h e Legislat ive Council thereof as follows—

1. The e igh th and n i n t h sections of the said reci ted Ac t are

hereby repealed.
2. Al l promissory notes which by the said recited Ac t t he said corporat ion are authorized to m a k e issue a n d circulate shall bear date at t he ci ty town or place a t a n d from which t h e same respectively shall be made and issued and the same respectively shall in all cases be payable in specie on demand a t t he place of date and the total a m o u n t of t he promissory notes payable on demand issued and in circulat ion wi th in t he Colony of N e w South Wales shall no t at any ONE t ime exceed the a m o u n t of t he coin bull ion and publ ic securities which shall for t he t ime be ing be held by the said corporat ion wi th in the said Colony.

3 . The total a m o u n t of t h e debts engagements and liabilities of

t h e said corporat ion wi th in t h e Colony of N e w South Wales whe the r

upon bonds bill promissory notes or otherwise contracted o ther t h a n the i r liabilities on account of t h e ordinary cash in deposits of cus tomers and on account of bills of exchange d rawn by or on behalf of t he said corporat ion upon any b a n k e r or b a n k i n g company in t he U n i t e d

K i n g d o m of Grea t Br i ta in and I r e l and wi th in t he a m o u n t or value of
remi t tances m a d e to such banker or b a n k i n g company respectively to

provide for t h e paymen t of t he said bills of exchange may ex tend b u t shall no t in any case exceed th ree t imes t he a m o u n t of t h e coin bullion and publ ic securit ies which shall for t he t ime be ing be held by the said corporat ion wi th in t he said Colony.

4 . For t h e purposes of th i s A c t unassayed gold shall be deemed

to be " bull ion " and in t he accounts of t h e said corporat ion and in the s ta tements and general abst racts of t h e assets and liabilities which are requi red by law to be made out and publ ished i t shall be lawful for the said corporat ion to inc lude the same when mel ted in to ingots u n d e r

t he n a m e of " bu l l ion ."

5. Al l debentures issued or which may hereafter be issued by the Government of any of t he Aus t ra las ian Colonies where t he said corporat ion shall have established branch banks such debentures be ing secured upon the general te r r i tor ia l or casual revenues of t h e Colony where t he same are or shall be issued and every public debt cont rac ted or which may hereafter be cont rac ted by the Government of any such Colony under t he au thor i ty of t he Legis la ture thereof shall be deemed and t aken to be public securit ies wi th in the mean ing of th is Act .

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