Uncoined Gold Act 1852 (SA)

No* l*

An Act to provide for the Assnying o f Uncoined Gold, and to

make Bunk Iliotes, under certuin conditions, a Legal Tender. VLk, :.

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[Assented to 28th eJanuary, 1852.1 5 EQ-/+ ,

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HEREAS the amount of uncoined gold in South Aus- ~ ~ ~ ~ b l ~

inconveniences are occasioned by reason of the inability to exchange such gold, at a fixed value, for coin or for notes, which shall be a legal tender: And \thereas by reason of the discovery of gold in the adjacent Provinces, and the demand for coined gold thereby occasioned, fears are entertained that the Banks of this Province may be compelled to contract their c$- culation to an extent which would prove very <greatly injurious to the commercial, agricultural, pastoral, and miniiig interests of the Province: And whereas such urwoined gold as aforesaid, if the weif;ht and fineness of the same were duly ascertained, might be made available for the payment of debts, and might support the circulation of the said Banks in the same nianrieras coin: And whereas it is expedieiit that such uncoined gold should be assayed by the Go- vernment, and, being reduced iuto some convenient form, should bt! stamped in such a manner as to denote the weight aud quality thereof;

t r t h may be expected to inercase: And whereas great

thereof; and that the same, when so stnmprd, sllonld be received by the said Banks, by weight, at a certain price for every ounce of standard gold therein coi~tnined; and that the notes of tlie said Banks should, under the limitations and restrictions hereinafter con- tained be declarcd a legal tender:

Government Assager	Be it thcrefore Enacted by tlie Lieutenant-Goveri~or of	Sonth
to be appointed.

Australia, with the advice and coilsellt of the Legiislati~e Coullcil thereof, That it sllall be lawful for the Governor to appoint n fit and competent person, at such reasonable salary as lae inav tliink

fit? to be called the Governnlent Assayer, with such clerks, s&vsnts,

and assistants as inay be necessary to receive, melt, assny, and stamp dl ~11~11 gold bidlion or gold dust as may he brought to him for that purpose, in conformity with the regulatioils &rein con- tained.

to be asswd.

-. melted, and stamped. 2. And be it Enacted, That such Government Assayer shall, at all such tiines as s11a11 from t h e to t iu~e be duly llotiGec1 ill the

South Australian Government Gi~zrt ta? recrive ;l1 illwoincd gold, not being less in quantity tlmn twcnty ounccr;;, wl~icli may be brought to 21im; a r~d shall give to the person brin$112 the same a

receipt specifying the weight thereof, s u a l ~ \rei@t to be ascertnincd,

if rrquircd, in the prcsence of tlic p e r m bringrng slwh gold; and which receipt s11all express that the saine gold, when xssaycd, is to be delivered at one of the Banlrs al'ores:ticl, to or to the order of the owner of such goltl; and, slid1 xf'ter\-t.uds, ns soon as con- veniently may be, assny the same gold, and shall nwlt the same, and cast the sniue into one or more ingots of' a coilveliient size, and shall stalnp 21po11 such ingots the weiglit and the fiilcllcss tlwcof, and tlic w+$t of standard gold accorcling.to the stmdard of coined gold by the law of England contained 111 such ingot, and s21all deliver the same to, or to the order of the owner t?iureoi'at the Ba,nk nmied in such receipt, after dcductillg tllcrefroul oue part in a

hundred of s ~ ~ c h gold for the expenses of asstl.ying the saulc.

Entries of g01d to be

made by Government	3. And be it Enacted, That the Govcvnmcnt Assaver sliall enter in a book, to be by hiiii'kept for that purpose, t l i yarticulnrs of every parcel of uncoinctl gold so delivelwl to l h l :W aforesaid,
b y e r.
with the date uponww'r~ich, tmd the iinille of tlic pcl.son fkom ~vliom
the same is received, and shall immediate1 y, upon completirrg the assay of sucll gold, enter in such book n l i tlle>mrticul;;is of 'such aseay; and cvery such elltry sllnll be olwn at all reasonable times
to the inspection of the person producing the rcceipt fbr the gold
referred to in such entry.
sold may be as-
wryed, if required.	4. And bc it Enacted, That it &a1,11 be lawful for any person bringing such gold to be assayed to require the Government Assayer to select from the same a quantity not being more than one part in a huntlrcd of the same as a sample thereof, and the quantity so selected, sealed with the seals of the Governmeat As-

sayer,

saycr, and the owner thereof if requiuirctt, shall be deposited with the Colonial Trens~lrcr; and if the person lloltling the receipt for the said gold s11:tll be diss:&ficd wit11 the result of the assay thereof, as declared by the Govemnlc~~t Assaver, he may, upon

payment of au additional sum of oue 11nlt' part ;1i n In~n~lred upon

the qnnntity of gold orkjnnlly dclivcrcd, rquiw such s~lcctcd

qusutity to be assayed i11 the preselm of some person by him

appointccl, and the resnlt of' sucli last-liwlitioncilei assay d d l be

taken to Le the truc assay ibr the w l d c gold from &ich such

selected quantity was tnlcen.

5. And he it Rnactcd, That fro111 a id after t l ~ e passing Banks to buy gold

of this L4ct all persons shall be entitlecl to denland fi.0111 bullion.

6. And IE it Eslncteel, T h t it shall be h-vvl'ad for the said Banks to issue notes

Banks, in addition to the notcs issued by t l~e~r i rcyer%ivcly, and 'gdnbt bb"l"n-

ill circulittioll mitlliil the said Province, at the time of' the passing of this Act, to issue notes ill esclmnge fbr, or to the umom~t of ally gold h l l ion l~urc!i:~sed or acquired by such Rauks respec- tively at t11c rate nf'orcsnid.

are llereby rey uired to lieep gold or silvcr coin e q d in amount portion of gold coin. 7. And ':c it I<n:~ctcd, That the said Bnnlis s l d, allcl the same Bmks to keep pro-

to one-thhd of the rrotcs issucd by such llallks rcap~ctively, a l d wliicll shall, at any time durillg the ol~craiion of this Act, remain in cirrnlation owly and nhovc tllc notcs issurd by silch Bmks ro-

spectively, in y:tynicnt for or to the ainoulit of' m y gold k~ullion

purchased or arqnircd by cacli ~lxch Banlrs as aforesaid; and, if at auy time the sold or silver coin possessed by any such Banks, witllin the P1-oviiicc, s l d l h11 short of such amvnnt, such Banks shall forfcit the sum of One Huidred l'ouncls for every week during which such dcikioncy shall occur.

8. And be it Enacted, That aftcr any notes shall have been issucd Bullion not to be dig. posed of' by B m b

by any of the said Banks in l~ayincllt fbr, or to the amount of; any notes with-

bulliou as ,zforcsnid, it sllall not be lawful for ally such Rank to sell, drrtwn from circuls-	export, or otherwise dispose of, the bullion in respect of which any tion.
notes may liavc been so issned, esccpting in crchai~ge for notes df the said Bank, and which notes sllall not thereafter be re-issued, ex-
cepting i n pnynlent for or to the amount of other bullion purchased or acqurred by such Baulr, unless the Bank selling, exporting, or
otherwise disposing of such bullion, shall have acquired and &dl

possess

possess coin of the redm e q t d in value, a t the rate of Three Pounds Eleven Shillings per ounce, to the bullion so sold, exported, or otherwise disposed of.

A C C O U ~ ~ S to be ren- 9. And bc it Enacted, That the said Banks, in addition to any accounts which they are now bv law required to f~~ra i sh, s l d l, on Wednesday in cvrry week, t rksmit to the Colonial Treasurer (in the form of ~ c h e d d c A licrcunto anncxcd) an account of the wer- age amount of the notes of' each such Bank respectivcly in circulation during the week e n d i u ~ the next precedinq Monday, and of the amount of such notes durinq the said week Issued in payment for or to the amount of any bolhon purchased or acquired by each such Ba)nk respectivcly, ancl of tlre gold and silver or copper coin and gold bullion held by cach sticli Bank respectively on the Monday of such week, and of a11 coin and bullion paid, exported, or disposed of during such week by cach sllcli Bank respectively; and an abstract of such returns shall be publislled by thc Colonial Trea- surer ill the South Aust~alian Government Gazette, a t the cxpira- tion of every two caleudar inontlis; and if any of the said Banks shall refhse to render any sucli account at t'llc time and in manner required by this Act, or shall a t any time render a false account, such Banli: shall forfeit the sum of One Hurdred Pounds for every such oEence.

dered weekly.

Accounts of Banks 10. And be it Enacted, That all and every the books of each of

to be open to inspec-

tion.	the said Banks, h which sllnll be kept, contained, or entered, any acco~wt, minute, or memoraudum, of' or wlating to the notes issued or to be issued by the said Banlis respectivcly, or to the gold or silver coin or bullion pmhased, acquired, held, possessed, pald, sold, exported, or disposed of by the said Banks respectively. or airy ac- coolit, nrinnte, or memo ran dun^, the si+t whereof niky tend to secure the rciidcring of the accounts as directed by this Act7 or to test the truth of any such account, shall be open for the i~~spection
and cxaiiiinatioil, at :ill seasonable times, of the Colonial Treasurer, or of any officer by llim duly anthoriscd in writins; and such Trea- surer or officer shall be at liberty to tnkc copies of or extracts from
any such book or account as aforesaid; and if any prmon h a ~ ~ i n g the custody or possessioii of :my such books or ncco~unts, or power to produce thc samc, shall, t~pon denlaid made by such 'l'reasurer or officer, such officer showing (if required) his antliority in that behalf, refuse to produce any sucL book or account to such Trca- surer or officer, for his iuspection and examination, or to permit him to exaniiuc tlie same, a+ to take cop;es tllcreof or extracts there- from, or of or from any such minnte or memorandum as aforesaid, every person so offending shall for every such off'ence forfeit the sum of Fifty Pounds.

H O ~ W of the h n k s 11. And be it Enacted, That from and after the passing of this Act, a tender of a note or notes of either of the said Banks respectively shall be a legal tender to the amount expressed in such note or notes, on all occasions on which any tender of monev may

legal tender,

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be legdly n~adc, so loaf; as the Bank whose note or nobes shall be

so tendered shall coiitii~uc to pay oil denland their notes in legal coin

or in bullion as hewin provitled: Provided always, that no s u d ~

notes shall be a legal tender of payment by any of the said Balllis.

respectively npon tcnclcr to ally sncll H:mb of m y note or notes of'tllc iu gold bulliun. 12. Allcl bc it Enacted, That it s l d be Iixwfid for the said Banks Banks nlay pay notes

sanie Bank, or of :my clieque or cl~eques clrawn upon, or bill or bills

accepted by or iuadc? p:ryable at such l h k, to pay and satisfj. such notes, cheqnes, and bills, or inY of them, and also to pay and satisfy all other clnillls arid demaiids which may be ~ n i d e y o r l snch Ranks respec- tively, for the pnyl~ieut of money, by p:rnyluq and delivering to the person tendcrirrg such notes, cheques, or hills, or inalciag or having such claim or dciimild as aforesaid, such quantity of gold stamped by tlw Governinent Assaver, of the finclless of standard gold accor- ding to tlw lcgnl standad of gold coin, as s h l l at the rate of T h e e Pomds Eleven Sllilling~ fix every ounce or part of an ouilce of sucli

'7 o.old, be equal to the aino~~rit of such notes, cheques, or bills, or of

such claim or demand. as aforesaid.

13. And 1w it Eilactcd, That if any person sli:~ll forge or alter, ,,,,, , , , , , ,

or cnuscJ to be f'oqetl or. :rltcwtl, or sl~wll off'er to dispose of, &c.

or put OH; knowing tlw snnle to be forged or altered, any re&pt by the G overniiient Assa yer fbr sncli gold as aforesaid, or shall forge or comlterfcit, or c4:liisc or procure to he fbrged or couiiterfeited, any mark, stamp, ur die wllicll d12111 have been provided, made, or used in p~wsuai~ce of'tl~is Act, for the purpose of nlakinq or stamp- ing snu sucli gold, or s l d l fbrge, coanterfeit, or resem&, or cause to be forged, comltcrfcitcd, or respmbled, tllc impression of any such mark, st:l~np, u r (lie up011 any gold, or base, or rnixed metal, or sliall

mark or stmip, or cause or procure to be marked or stamped, any

gold, or base, or niised metal, wit11 any such forged or couuterfeited niavli, stanq>, or die as aforesaid, or shall traiisfor or remove, or cause to hc tmnsfiwed or rcir~oved froill one piecc of gold to

made by any mark, stamp, or die, which sllall have been made or	anothrr, or to illly piece of b: ~ c or n h x d metnl any impression	used in pursuance of this Act, for the purpose of' rnakiug or stan~p- ing any such gold as aforesaid, or shall pay, offer, exchange, or dis- pose of ally gold, mixed or base metal, be:lring tliereupon any forg,.cd or counterfeited, or tmnsferrcd or removed mark, st:mp, or impres- sion as afbresaid, knowing the same respectively to be forged, couu- terfeited, transferred, or renlovcd as aforesaid, or ~f any person shall wilf~dly, or without lawful excuse, tLhe proof whereof' slid1 lie oil the person B C C U S ~ Y ~, have, or be posseshed of any such forged or counterfeited starup, mark, or die SO provided, made, or used as afbresaid, ally person so offencling shall be judged guilty of felony, and being cdnvicted thereof, s l d bc l i l c to imprisonment with hard labor for any period not exceeding fiftccu years, nor less than
two years.

14. And be it Enacted, That the term notes" used in this Act, Interpretation cbuse.

shall

shall extend and apply to all bills or notes for the payment of money to the bearer on demand, and that the term Banks" shall apply to, and include, the South Australian Banking Company, the Bank of Australasia, and the Union Bank of Australia; and that the singular number shall include the plural, and the plural, the singular; and the masculine gender shall include the feminine, except when there is anything in the context repugnant to such construction.

Tumhtion of ~ c t.

15. And be it Enacted, That this Act shall cease and determine

at the expiration of twelve calendar months from the passing thereof.

JOHN MORPHETT, Speaker.

Passed the Legislative Council this Twenty-

eighth day of Janua~q, One Thousand

Eight Hundred and Pifty-two.

WM. B. GILBERT,

Pro Clerk of Council.

In the name and on the behalf of Her Majcsty I assent to this Act.

H. E. F. YOUNG,

Government House, Adelaide, Lieutenant-Governor.

28th January, 1852.

SCHEDULE REFERRED TO.

A

hrr account by (name of Bank), pursuant to the Act of Council

entitled '' An Act to provide for the Assaying of Uncoined

Gold, and to make Bank Notes, under certain conditions, a

Legal Tender," for the week ending on the

day of

Average Amount of notes in circulation.. ....

Notes issued against bullion .....................

Gold coin held by Bank ........................

Silver coin	ditto	........................
Copper coin	ditto	........................

Gold bulliou (in ounces) ditto ..................

Gold coin sold, exported, or disposed of ......

Silver ditto, ditto ......

Gold bullion (in ozs.) ditto ......

1, , (the Manager of the Bank), do hereby

certify that the above ia a true account in d particuhrs.

Signed

Dated the day of

a

ADELATDBI: Printed by authority, by W. C. Cox, Cfouernment Printer, Victoria-aquare.