HL Deb 22 July 1811 vol 20 cc1115-6

The following is a Copy of this Bill, as it passed both Houses:

"An Act for making more effectual provision for preventing the current Gold Coin of the Realm from being paid or accepted for a greater value than the current value of such coin; for preventing any Note or Bill of the Governor and Company of the Bank of England from being received for any smaller sum than the sum there in specified; and for staying proceedings upon any distress by tender of such notes.

Whereas it is expedient to enact as is hereinafter provided: Be it enacted by the King's most excellent Majesty, by and with the advice and consent of the Lords spiritual and temporal, and Commons, in this present parliament assembled, and by the authority of the same, That, from and after the passing of this act, no person, shall receive or pay for any gold coin lawfully current within the realm, any more in value, benefit, profit, or advantage, than the true lawful value of such coin, whether such value, benefit, profit, or advantage, be paid, made or taken in lawful money, or in any note or notes, bill or bills of the governor and company of the bank of England, or in any silver token or tokens issued by the said governor and company, or by any or all of the said means wholly or partly, or by any other means, device, shift, or contrivance whatsoever; and every person who shall offend herein shall be deemed and adjudged guilty of a misdemeanor.

II. "And be it further enacted, by the authority aforesaid. That no person shall by any means, device, shift or contrivance whatsoever, receive or pay any note or notes, bill or bills of the governor and company of the bank of England, for less than the amount of lawful money ex pressed therein, and to be thereby made payable, except only lawful discount on such note or bill as shall not be expressed to be payable on demand; and every person who shall offend herein shall be deem ed and adjudged guilty of a misdemeanor.

III. "And be it enacted, by the authority aforesaid. That in case any person shall proceed by distress or poinding to recover from any tenant or other person liable to such distress or poinding, any rent or sum of money due from such tenant or other person, it shall be lawful for such tenant or other person, in every such case to tender notes of the governor and company of the bank of England, express ed to be payable on demand, to the amount of such rent or sum so due, either alone or together with a sufficient sum of lawful money, to the person on whose behalf such distress or poinding is made, or to the officer or person making such distress or poinding un his behalf; and in case such tender shall be accepted, or in case such tender shall be made and refused, the goods taken in such distress or poinding shall be forth with returned to the party distrained upon, or against whom such poinding shall have been used, unless the party distraining or poinding and refusing to accept such tender shall insist that a greater sum is due than the sum so tendered, and in such case the parties shall proceed as usual in such cases; but if it shall appear that no more was due than the sum so tendered, then the party who tendered such sum shall be entitled to the costs of all subsequent proceedings: Provided always, that the per son to whom such rent or sum of money is due shall have and be intitled to all such other remedies for the recovery thereof, exclusive of distress or poinding, as such person had or was in titled to at the time of making such distress or poinding, if such person shall not think proper to accept such tender so made as aforesaid; Provided also, that nothing here in contained shall affect the right of any tenant, or other such person as aforesaid having right to replevy or recover the goods so taken in distress or poinding, in case without making such tender as aforesaid, he shall so think fit.

IV. "Provided always, and be it enacted That every person who shall commit in Scotland any offence against this act, which by the provisions thereof is constituted a misdemeanor, shall be liable to be punished by fine and imprisonment, or by one or the other of the said punishments as the judge or judges before whom such offender shall be tried and convicted may direct.

V. Provided always. That nothing in this act contained shall extend to Ireland

VI. "Provided always, and be it further enacted. That this act shall continue and be in force to and until the 25th day of March 1812, and no longer."