Bank Notes (Scotland) Act 1845 (1845 c. 38)

1 Commissioners to certify existing banks of issue and limitation of issue.

[F1] S. 1 repealed (23.11.2009) by Banking Act 2009 (c. 1), ss. 212(a), 214(2)(a), 263(1) (with s. 247); S.I. 2009/3000, art. 3

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[F2] S. 2 repealed by Statute Law Revision Act 1892 (c. 19)

3 Duplicate of certificate to be published in the Gazette. Gazette to be evidence.

[F3] Ss. 3-12 repealed (23.11.2009) by Banking Act 2009 (c. 1), ss. 214(2)(a), 263(1) (with s. 247); S.I. 2009/3000, art. 3

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4 In case banks become united, commissioners to certify the amount of bank notes which each bank was authorized to issue.

[F3] Ss. 3-12 repealed (23.11.2009) by Banking Act 2009 (c. 1), ss. 214(2)(a), 263(1) (with s. 247); S.I. 2009/3000, art. 3

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5 Issue of notes for fractional parts of a pound prohibited.

[F3] Ss. 3-12 repealed (23.11.2009) by Banking Act 2009 (c. 1), ss. 214(2)(a), 263(1) (with s. 247); S.I. 2009/3000, art. 3

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6 Limitation of bank notes in circulation.

[F3] Ss. 3-12 repealed (23.11.2009) by Banking Act 2009 (c. 1), ss. 214(2)(a), 263(1) (with s. 247); S.I. 2009/3000, art. 3

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7 Issuing banks to render accounts weekly.

[F3] Ss. 3-12 repealed (23.11.2009) by Banking Act 2009 (c. 1), ss. 214(2)(a), 263(1) (with s. 247); S.I. 2009/3000, art. 3

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8 What shall be deemed to be bank notes in circulation

[F3] Ss. 3-12 repealed (23.11.2009) by Banking Act 2009 (c. 1), ss. 214(2)(a), 263(1) (with s. 247); S.I. 2009/3000, art. 3

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9 Commissioners of stamps and taxes to make a monthly return.

[F3] Ss. 3-12 repealed (23.11.2009) by Banking Act 2009 (c. 1), ss. 214(2)(a), 263(1) (with s. 247); S.I. 2009/3000, art. 3

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10 Mode of ascertaining the average amount of bank notes of each banker in circulation and gold coin, during the first four weeks after 31st December 1845.

[F3] Ss. 3-12 repealed (23.11.2009) by Banking Act 2009 (c. 1), ss. 214(2)(a), 263(1) (with s. 247); S.I. 2009/3000, art. 3

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11 In taking the account of coin held by bankers, silver coin not to exceed the proportion of one fourth of gold.

[F3] Ss. 3-12 repealed (23.11.2009) by Banking Act 2009 (c. 1), ss. 214(2)(a), 263(1) (with s. 247); S.I. 2009/3000, art. 3

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12 Commissioners of inland revenue empowered to cause the books of bankers containing accounts of their bank notes in circulation, and of gold coin, to be inspected. Penalty for refusing to allow such inspection

[F3] Ss. 3-12 repealed (23.11.2009) by Banking Act 2009 (c. 1), ss. 214(2)(a), 263(1) (with s. 247); S.I. 2009/3000, art. 3

[F4] Words substituted by virtue of Inland Revenue Regulation Act 1890 (c. 21), s. 37(2)

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[F5] S. 13 repealed by Banking Act 1979 (c. 37, SIF 10), s. 51(2), Sch. 7

14 Penalty on banks issuing in excess.

[F6] S. 14 repealed (23.11.2009) by Banking Act 2009 (c. 1), ss. 214(2)(a), 263(1) (with s. 247); S.I. 2009/3000, art. 3

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[F7] S. 15 repealed by Currency and Bank Notes Act 1954 (c. 12), s. 4(2)

16 Notes for less than 20s. not negotiable in Scotland.

All promissory or other notes, bills of exchange, or drafts, or undertakings in writing, being negotiable or transferable, for the payment of any sum or sums of money, or any orders, notes, or undertakings in writing, being negotiable or transferable, for the delivery of any goods, specifying their value in money less than the sum of one pound in the whole, heretofore made or issued, or which shall hereafter be made or issued in Scotland, shall be and the same are hereby declared to be absolutely void and of no effect, any law, statute, usage, or custom to the contrary thereof in anywise notwithstanding; and if any person or persons shall by any art, device, or means whatsoever, publish or utter in Scotland any such notes, bills, drafts, or engagements as aforesaid for a less sum than one pound , or on which less than the sum of one pound shall be due, and which shall be in anywise negotiable or transferable, or shall negotiate or transfer the same in Scotland, every such person shall forfeit and pay for every such offence any sum not exceeding twenty pounds nor less than five pounds, at the discretion of the justice of the peace who shall hear and determine such offence.

[F8] Words substituted by virtue of Decimal Currency Act 1969 (c. 19), s. 10(1)

[F8] Words substituted by virtue of Decimal Currency Act 1969 (c. 19), s. 10(1)

[F8] Words substituted by virtue of Decimal Currency Act 1969 (c. 19), s. 10(1)

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[F9] S. 17 repealed by Promissory Notes Act 1863 (c. 105), s. 1

18 Penalty for persons, other than bankers hereby authorized, issuing notes payable on demand for less than 5l.

If any body politic or corporate or any person or persons shall make, sign, issue, or re-issue in Scotland any promissory note payable on demand to the bearer thereof for any sum of money less than the sum of five pounds, except banknotes issued in reliance on section 213 of the Banking Act 2009 , then and in either of such cases every such body politic or corporate or person or persons so making, signing, issuing, or re-issuing any such promissory note as aforesaid, except as aforesaid, shall for every such note so made, signed, issued, or re-issued forfeit the sum of twenty pounds.

[F10] Words in s. 18 substituted (23.11.2009) by Banking Act 2009 (c. 1), ss. 214(2)(b), 263(1) (with s. 247); S.I. 2009/3000, art. 3

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[F11] S. 19 repealed by Statute Law (Repeals) Act 1971 (c. 52), Sch. Pt. III

20 Not to prohibit checks on bankers.

[F12] S. 20 repealed (23.11.2009) by Banking Act 2009 (c. 1), ss. 214(2)(a), 263(1) (with s. 247); S.I. 2009/3000, art. 3

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21 Mode of recovering penalties.

All pecuniary penalties under this Act may be sued or prosecuted for and recovered . . . , in respect of any penalty not exceeding twenty pounds, by information or complaint before one or more justice or justices of the peace in Scotland, in such and the same manner as any other penalties imposed by any of the laws now in force relating to the duties under the management of the commissioners of inland revenue ; . . .

[F13] Words repealed by Statute Law Revision Act 1892 (c. 19)

[F14] Words substituted by virtue of Inland Revenue Regulation Act 1890 (c. 21), s. 37(2)

[F13] Words repealed by Statute Law Revision Act 1892 (c. 19)

22 Interpretation of Act.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . in this Act. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . the term “ banker” shall extend and apply to all corporations, societies, partnerships, and persons, and every individual person carrying on the business of banking, whether by the issue of bank notes or otherwise; and the word “ person” used in this Act shall include corporations; and the word “ coin” shall mean the coin of this realm; and the singular number in this Act shall include the plural, and the plural number the singular, except where there is anything in the context repugnant to such construction; and the masculine gender in this Act shall include the feminine, except where there is anything in the context repugnant to such construction.

[F15] Words repealed by Statute Law Revision (No. 2) Act 1893 (c. 54)

[F15] Words repealed by Statute Law Revision (No. 2) Act 1893 (c. 54)

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[F16] S. 23 repealed by Statute Law Revision Act 1875 (c. 66)

schedules to which this act refers

schedule (A) ...

Schedule (B) ...

SCHEDULE (C), (D) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F19] Schs. (C.), (D.) repealed by Promissory Notes Act 1863 (c. 105), s. 1