No. 194. 27 VICTORIA, CO-partnership and settlement respectively of such banking company or firm, shall (if not already registered) be registered in the office of the Registrar-General by the managing director manager chief cashier or clerk of such banking companies or firms respectively within thirty days from and after the passing of this Act or as soon thereafter as may be practicable; and the same shall be open for inspection at all reasonable times by any person requiring to inspect the same on payment of a fee of one shilling for each such inspection. And if any such managing director manager chief cashier or clerk shall omit or neglect so to register such attested copy of the original charter or deed of co-partnership and settlement of any such banking company or firm as aforesaid within the time herein before directed for registering the same, he shall be subject and liable to a penalty of one hundred pounds to be recovered by an action of debt in the Supreme Court or any other court of competent jurisdiction by any person who shall sue for the same. Penalty. Copy of new to be in like 8. As often as any new charter or deed of co-partnership and charter or deed settlement of any such banking company or firm as aforesaid may manner recorded. issue or be entered into, or any new banking company or firm be established, a copy of the charter or of the deed of co-partnership and settlement attested as aforesaid shall in like manner be registered in the office of the Registrar-General for the purposes and subject to the penalty hereinbefore imposed on the party neglecting or omitting duly to make such registry as aforesaid. Names of proprietors to be also recorded in the office of the Re gistrar-General. Liability of such sued. : 9. The managing director manager chief cashier or clerk of every such banking company or firm as aforesaid shall within thirty days from and after the first day of January in each and every year or as soon thereafter as may be practicable cause a true and correct list of the names of all the persons who shall be then existing proprietors or members of such companies or firms respectively with their respective places of abode and descriptions to be recorded on oath in the office of the Registrar-General and the same shall be open for inspection at all reasonable times by any person requiring the same on payment of a fee of one shilling for each such inspection. And if any such managing director manager chief cashier or clerk shall omit or neglect to cause such list to be recorded in manner aforesaid or shall wilfully falsify any such list, he shall be subject and liable to a penalty of one hundred pounds to be recovered by an action of debt in the Supreme Court or any other court of competent jurisdiction by any person who shall sue for the same. 10. Every person whose name shall be so recorded as aforesaid proprietors to be shall be considered taken and held to be a member or proprietor of the banking company or firm in which his or her name shall be so recorded as aforesaid; and shall be liable to be sued as such until a new list of the names of the members or proprietors of such banking company or firm shall be recorded as aforesaid, or until he or she shall have given notice in the Government Gazette of his or her retirement from such banking company or firm. Provided however that nothing herein contained shall be deemed or construed to absolve any person from liability on account of any debts incurred by any such banking company or firm during the time such person remained a proprietor or member thereof; or to render any individual No. 194. proprietor or member of any banking company or firm established 27 VICTORIA, by royal charter or letters patent 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 letters patent. 11. Every oath required to be taken under the provisions of Oaths to be taken this Act may be taken before any justice who is hereby authorised before a justice. to administer the same. And any managing director manager chief Penalty for cashier or clerk who shall take any false oath as to any quarterly perjury. abstract of averages or other matter or thing under the provisions of this Act shall be subject to such pains and penalties as are by law in force at the time of taking such oath enacted as to persons convicted of wilful and corrupt perjury. 12. No action shall lie against any person for any offence Limitation of committed against the provisions of this Act unless the same shall actions. be commenced within two years from the time the offence shall be alleged to have been committed. to comply with 13. If in any case any matter or thing required to be done or Proof of inability performed under the provisions of this Act within any given period Act in given time shall not have been so done or performed, the proof that it was not to lie on party. practicable to do so shall lie upon the party required to do or perform the same; and no excuse shall be allowed for any such failure or neglect unless it be clearly shown that the matter or thing required to be done or performed was done or performed as soon as was practicable. sovereigns to be 14. Certain gold coins called Australian sovereigns and half- sydney sovereigns struck at the branch of Her Majesty's Royal Mint at current coin. Sydney in the colony of New South Wales shall be, and shall be deemed to have been from the fourteenth day of July A.D. 1857, current and lawful money within Victoria together with and in like manner as current coin of the realm. 15. This Act shall commence and come into operation on the commencement first day of January next after the passing hereof and not before. of this Act. SCHEDULES. WEEKLY STATEMENT showing the amount and nature of the Debts Engagements and to the 186 . THIRD SCHEDULE, GENERAL ABSTRACT showing the Average Amount of the Liabilities and Assets of the Bank of Quarter from the 27 VICTORIA, No. 194, taken from the several Weekly Statements during the Section 5. to the 186 I A.B. make oath that to the best of my knowledge and belief the foregoing Abstract is a true and faithful Account of the Average Amount of Assets and 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 the provisions of " The Banks and Currency Statute 1864." Sworn before me at this day of 186 C.D. Justice of the Peace. (Signed) A.B. Preamble. Repeal of part of First Schedule. Bills due on bank holidays to be payable on the following day. Second Schedule. 34 Vict. c. 17 s. 1. Provision as to notice of dishonor An Act to amend "The Instruments and Securities Statute 1864," and to provide for constituting certain days Bank Holidays. [16th September 1873.] WHEREAS it is expedient to make provision for rendering certain days bank holidays, and for enabling bank holidays to be appointed by proclamations of the Governor, and to amend the law as to bills of exchange and promissory notes payable on Christmas Day Good Friday and days of solemn fast and thanksgiving: Be it therefore enacted by the Queen's Most Excellent Majesty by and with the advice and consent of the Legislative Council and Legislative Assembly of Victoria in this present Parliament assembled and by the authority of the same as follows (that is to say):— 1. The Act mentioned in the First Schedule hereto to the extent to which such Act is in such schedule expressed to be repealed shall be and the same is hereby repealed. 2. After the passing of this Act the several days in the Second Schedule to this Act mentioned (and which days are in this Act hereinafter referred to as bank holidays) shall be kept as close holidays; and all bills of exchange and promissory notes which are due and payable on any such bank holiday shall be payable and in case of non-payment may be noted and protested on the next following day and not on such bank holiday, and any such noting or protest shall be as valid as if made on the day on which the bill or note was made due and payable; and for all the purposes of this Act the day next following a bank holiday shall mean the next following day on which a bill of exchange may be lawfully noted or protested. 3. When the day on which any notice of dishonor of an unpaid and presentation bill of exchange or promissory note should be given or when the day on which a bill of exchange or promissory note should be presented or received for acceptance or accepted or forwarded to any for honor. Ib. s. 2. |