MACQUARIE TO BATHURST. 223 m Equity, as if the Proclamations and Orders aforesaid had 1817. 1 • J J 1,1 • l. J 29 March. never been given made and published. r m n It is hereby further also Ordered and Declared by the Authority fe i°tjn to° aforesaid that, from and after this 23rd day of November Instant, the issue of it shall not be lawful for any Person or Persons whomsoever to note"SS°ry issue, or cause or procure to be issued, or to negociate or to cause or procure to be negociated, or assist in Negociating or passing, or to receive in Payment any Promissory Note for the Payment of any Sum or Sums of Money, which does not in some part of the said Note, in direct and Certain Words, express and declare that the Amount thereof is to be paid in Sterling Money or Value. And it is hereby further also Ordered and Declared by the Authority aforesaid that any Person or Persons whosoever issuing, or causing or procuring to be issued, any Promissory Note for the Payment of any Sum or Sums of Money to or for any Amount of less or other than Sterling Value, so to be ex­ pressed and declared in some part of the said Note, from and after this said 23rd Day of November Instant, shall, upon Conviction thereof before any Two of His Majesty's Justices of the Peace, forfeit and Pay to any Person giving Information of the same, treble the Nominal Sum Secured or made payable by such Note so unlawfully issued, Negociated, or received in Payment, to­ gether with all Costs incurred in recovering the same, to be assessed by the said Justice before whom this Conviction shall be had; The said sum so forfeited, together with the Costs in Default of Payment thereof to the said Justices or one of them, within three Days after Notice of such Conviction, to be recovered by Distress and sale of the Offender's Goods and Chattels, or the Offender to be imprisoned in some one of His Majesty's Gaols in this Territory until the same be paid. Given under my Hand at Government House, Parramatta, this twenty third Day of November in the Year of our Lord 1816. LACHLAN MACQUARIE. By Command of His Excellency, J. T. CAMPBELL, Secretary. God save the King! True Copy:—JNO. THOS. CAMPBELL, Secy. [Enclosure No. 2.] THE CHARTER OF THE BANK OF NEW SOUTH WALES. GEORGE THE THIRD, by the Grace of God of the United Kingdom The charter of of Great Britain and Ireland, King, Defender of the Faith, To ^South' all, to whom these Presents shall come, Greeting. WHEREAS His Wales. Majesty's Subjects, trading to and residing in the Colony of New South Wales and its Dependencies, lie under great difficulties for 224 HISTORICAL RECORDS OF AUSTRALIA. 1817. want of a due Supply of Money and an improved, certain and 29 March. increased Circulating Medium within the same; AND WHEREAS The charter ofi t is expedient that those difficulties should be removed, and the the Bank of New South same will be removed in a great degree by the Establishment of a Wales. Colonial Bank upon a Funded Joint Stock Capital, and under certain Laws, Liberties, Provisions, and Regulations in that respect, Now KNOW Ye that I, Lachlan Macquarie, Esquire, Captain General and Commander in Chief in and over His said Majesty's Territory of New South Wales and its Dependencies aforesaid, by Virtue of, and as far as the Powers and Authorities so vested in me extend, in consideration of the Premises and of the Memorial and Petition of John Thomas Campbell, D'Arcy Wentworth, Alexander Riley, Thomas Wylde, John Harris, Wil­ liam Redfern, and Robert Jenkins, Esquires, for and on the behalf of themselves and other the Subscribers for the raising of a Fund for establishing a Bank in Sydney in the said Territory, to be called or denominated " The Bank of New South Wales," praying me as such Governor, as aforesaid, to Give, Grant, Ordain, and Permit to and on behalf of themselves and other the Subscribers to and Proprietors in the said Bank Stock certain rights, Im­ munities, and Privileges, so as to indemnify and secure them, and other the said Subscribers to the said Bank, their Heirs, Successors, and Assigns against all risque or liability beyond the Amount of the Shares, so respectively taken by each, of and in the said Capital Stock of the said Bank, Have thought fit to give, grant, ordain, and permit, and, by these Presents, Do for Myself and Successors, Will, give, Grant, Ordain and Permit that the said John Thomas Campbell, D'Arcy Wentworth, Alex­ ander Riley, Thomas Wylde, John Harris, William Redfern and Robert Jenkins, Esquires, and all other the Subscribers, Contri­ butors to, and Proprietors in and of the Fund, hereby and in that respect authorized to be raised, and for the purposes hereby and herein now declared, limited and set forth, shall and may, and the said John Thomas Campbell, D'Arcy Wentworth, Alex­ ander Riley, Thomas Wylde, John Harris, William Redfern, and Robert Jenkins, and other the Subscribers and Proprietors as aforesaid, Are hereby Authorized and permitted to raise Con­ stitute and Establish at Sydney in this Territory A Bank to be denominated " The Bank of New South Wales " for the General and customary uses and purposes of deposit, Loan, and Dis­ count, charging and claiming in respect thereof no higher Eate than Ten per Cent, per Annum, on a Fund and Capital Stock of Twenty Thousand Pounds Sterling to be Collected, Raised, and Funded, in and by Two Hundred Shares or Subscriptions" of One Hundred Pounds each, in respect of the said Capital MACQUARIE TO BATHURST. 225 Stock, Certificates whereof under the Signatures of three or more 99^^h of the Directors to be appointed as hereinafter mentioned, shall " be duly made and granted, and become and be transferable by th^Bankof0 indorsement or otherwise, Provided the same be registered in the New South Bank Books to be kept for that purpose. And I do further Will, Ordain, Grant, Appoint, and declare, by and according to the Authority aforesaid, that the Subscribers to and the Proprietors •of the said Shares in the said Stock or Capital of the said Bank, their Executors, Administrators, and Assigns, shall be and they are hereby henceforth, for and until the Term of Seven Years next after the date of these presents, be fully compleat and ended, Created, Constituted, Erected into, and are a Body Corporate and Joint Stock Company by the Name and Title of "The President and Company of the Bank of New South Wales," with transferable Stock, and with Succession and a common Seal, and with all such Powers, Rights, Capacities, Immunities, and privi­ leges, as are usually granted and given and in any respect belong or are incident thereto. And I do further Will, Ordain, direct, and declare that the said Bank shall be managed and conducted by Seven of the Proprietors thereof, to be called Directors (One of the same Directors being Nominated and appointed President of the Board of Directors and Chairman of all Meetings of the said Proprietors), to be Elected and Appointed once in every Year by Ballot at a General Meeting of the said Proprietors, to be Convened for that purpose, or as is herein after in that respect ordered and Set forth. And the said Seven Directors so •elected and appointed, or a Board of any four of them (The President or a Director as his Deputy to be so by him appointed being one), shall and may, and are hereby authorized and em­ powered, after being duly and respectively sworn before the Judge Advocate or other Magistrate of the Territory to a faith­ ful discharge of the Trust reposed in them to manage, represent, Conduct, and regulate the said Body-Corporate and Joint-Stock Company of the said Bank, to make Calls and enforce Payment •of the Subscriptions thereto in such Sums and proportions in respect of the Shares respectively taken in the Stock of the said Bank, to issue Notes for and on the behalf and on the Account •of the said Bank, payable on Demand or otherwise, to Order, make and declare from time to time such Dividend or Dividends and the rate or rates thereof upon the actual Profits of the said Bank during the Periods for which such Dividend or Dividends shall be made, to Nominate and appoint such Officers, Clerks, or Servants to and of the said Bank, and to make such Bye-Laws, Eules, and Regulations for the Management and carrying on of the Business concerns and affairs of the said Bank and for the SER. I. VOL. IX—P 226 HISTORICAL RECORDS OF AUSTRALIA. 1817. Conduct, Guidance and Control of the Officers and Clerks there- 29 March. o^ ag may appear to an(j be determined by them in the said The charter of respects or any or either of them expedient and necessary. PRO- New South VIDED that such rules, Bye-Laws, and regulations be not repugnant and Contrary to these Presents or the Principles on which the said Bank is Constituted, and be approved and Confirmed by the General Proprietors at the next General Meeting. AND PROVIDED ALSO that each of the said Seven Directors, so appointed on che part of and by the said Proprietors, reside during the said Office in the Town of Sydney, or within Two Miles of the same, and be and are absolutely and Unconditionally Free.