268 
*¢ This was to continue in force until 24th 
June, 1797.” §. 12. 
*< By 37 Geo. 3. c.g1, the claufes in the 
laft a&t were re-enaéted, and direéted to be 
in force, and have continuance, until one 
month after the commencement of the next 
feffion of parliament.” §. 11. 
“* By 38 Geo. 3. c. x. it fhall not be lawful 
for the Bank of England to iffue any cath in 
payment to any demand whatfoever, except 
according to the provifions hereinafter con- 
tained ; and during the continuance of the 
reftriction no fuit fhall be profecuted againft 
them, to compel payment of any note which 
they thall be willing to exchange for any note 
or notes of equai amount, payable on de- 
mand; or to compel payment of any fum, 
which they fhall. be willing to pay in notes, 
payable on demand ; and it fhall be lawful for 
the company, during the continuance of the 
refiriction, to apply to the court, wherein 
any fuit fhall be depending, to ftay proceed- 
ings ina fummary way 3 and in cafe fuch fuit 
fhall be brought to compel payment of any 
note, payable on demand, the Bank may ap- 
ply to the court to ftay all proceedings, until 
the expiration of the time limited for the 
Continuation of fuch reftri@ion, and fuch 
court fhall ftay all proceedings accordingly ; 
and in like manner they may apply to any 
court, in which any aétion fhall be brought 
fer compelling payment of any note, payable 
otherwife than on demand; or of any other 
debt whatfoever, to ftay all proceedings on 
payment of the money, by delivery of notes 
payable on demand, if the party shall be wil- 
‘ling to accept fuch notes; but if the party 
fhail ‘refufe, the court fhall order all pro- 
ceedings tobe ftayed, until the expiration of 
the time limited for the continuance of fuch 
reftri€tion as aforefaid; but if it fhall appear 
to fuch court to be neceflary, for the purpofe 
of afcertaining the amount of any demand on 
the Bank, or otherwife, for the fyrtherance 
. of juftice, that any proceedings fhould be 
had, the court may permit proceedings to be 
had in fuch aétion, or afcertain the amount 
in a fummary way 3 and no cofts fhall be re- | 
covered againft the Bank, unlefs the court 
fhail be of opinion that the aétion was ne- 
ceflary for the purpofe of afcertaining the 
amount of the demand, or the title thereto ; 
and in fuch cafe, fuch court may direé& the 
payment of fuch cofts, by the Bank, in notes 
payable on demand, if the party fhall be wil- 
ling to accept fuch notes, and if not, then 
fuch court fhall ftay ail proceedings for fuch 
cofts, until after the expiration of the re- 
HriGiien. Se. 
‘* Nothing in this a&t fhall reftrain the 
company frem iffuing any fum, lefs than 20s., 
in\ cath, in payment of any demand, not 
amounting to 20s. or in payment of fo much 
of any larger demand, as fhall be a fractional 
part of 20s. above the refidue of fuch de- 
mand, or from iffuing any fum, in cath, for 
the fervices of the army, navy, or Ordnance, 
in purfuance of-any order of privy council, 
New Aéts of the Britifh Legifiature. 
which orders of council fhall be laid before. 
[April 1, 
Parliament, within three days after the date 
of each, if Parliament be then fitting, and 
if not, then within three days after the fit- 
ting? Re. = 
“Te fhall not be lawful for the company to 
iffue any cath, or notes, by way of loan, 
for, or on account of the public fervice, ex- 
cept on the credit of the duties on malt, and 
the land tax, and any other advance authorifed 
by any other A&.”  §. 3. 
‘¢ But it dhall be lawful for the company to 
accept, from any perfon, cafh, not being lefs 
than sool. in exchange for notes of equal 
amount, upon an engagement from the com- 
pany, to pay to fuch perfon, cafh, in ex- 
change for any note, payable on demand, not 
exceeding, in the whole, three fourths in 
cafh.” - 4s 
* Alfo, it fhall be lawful for the company 
to advance, for accommodation of the Bank- 
ers in London and Weftminfter,“and South- 
wark, in cafh, any fums of money, not ex- 
ceeding 100,c0o0l. in.the whole, to be paid at 
fuch times, in fuch proportions, and in fuch 
manner, as to the company fhall feem expe 
dient. riGce. 
“¢ Alfo, it fhall be lawful for the bank, 
upon application by the Bank of Scotland, or 
the Royal Bank of Scotland, to iffue and pay, 
for the fole"ufe of the faidBank, fuch fum or 
fums of money, in gold or filver, as may be 
required, not exceeding the fum of 25,0001. 
for each.” §. 6. 
«* All payments, in notes, of the governor 
and company, exprefied to be payable on de- 
mand, fhall be deemed payments incath, if 
made and accepted as fuch.” §. 7. P) 
‘* During the continuance of the reftriction 
on payments by the company, in cafh, no 
perfon fhall be held to fpecial bail, unlefs 
the affidavit fhall not only contain the feveral 
matters, required by the aét, 12 Geo, I. c. 29. 
but alfo that no offer has been made to pay 
the money {worn to, in notes of the faid go- 
vernor and company, exprefled to be payable 
on demand (fra€tional parts of the fum of 
twenty fhillings only excepted) 5 and if any 
procefs fhall be iffued againft any perfon, 
upon which fuch perfon might have been 
held to fpecial bail, and no affidavit fhall be 
made as aforefaid, and fo in Mr. Running. 
ton’s edition of the Statutes, no fuch offer 
of payment, innotes, had been made, fuch 
perfon fhall not be arrefted 5 but proceedings 
fhall be had againft fuch perfon in the fame 
Manrer,-as if no aftidav't had been made 
for hoiding fuch perfon to fpecial bail: but if. 
an affidavit fhall be made, and it fhall be like- 
wife fworn, that fuch offer of payment has 
been made, it fhall be lawful for the court, 
out of which fuch procefs fhall iffue; or, for 
any jadge of fuch court, in afummary way, 
to order the defendant to caufe notes, payable 
on demand, to be depofited in fuch manner, as 
fuch court or judge fhall direét, to anfwer the 
demands of the plaintiff; and if fuch depofit 
fhall not be made within the time a by 
uc 
. 
