1882
THE NEW ZEALAND GAZETTE.
[No. 85

Despatch forwarding Proclamation and Order in Council applying Parts of the Coinage Act, 1870 (as amended by the Coinage Act, 1891), to the Australasian Colonies.

The Treasury, New Zealand,
Wellington, 6th November, 1896.

THE accompanying despatch, with enclosed Proclamation and Order in Council, received from Her Majesty’s Principal Secretary of State for the Colonies, is published for general information.

R. J. SEDDON,
Colonial Treasurer.

(New Zealand.—General.)
Downing Street, 18th August, 1896.

MY LORD,—With reference to your Lordship’s despatch No. 22, of the 8th June, 1893, I have the honour to transmit to your Lordship copies of a Proclamation by the Queen applying parts of the Coinage Act, 1870 (as amended by the Coinage Act, 1891), to the Australasian Colonies, together with copies of an Order in Council approving the draft Proclamation.

I request that you will promulgate this Proclamation in accordance with the terms of the Order in Council, and furnish me with copies of your Proclamation promulgating it.

I have, &c.,
J. CHAMBERLAIN.

Governor the Right Hon. the Earl of Glasgow, &c.

At the Court at Osborne House, Isle of Wight, the 1st day of August, 1896.

Present:

THE QUEEN’S MOST EXCELLENT MAJESTY IN COUNCIL.

WHEREAS by virtue of the Coinage Act, 1870, it is lawful for Her Majesty the Queen, by the advice of Her Privy Council, from time to time by Proclamation to direct that the whole or any part of that Act shall apply to and be in force in any British possession with or without any modifications contained in the Proclamation: And whereas part of the First Schedule to the Coinage Act, 1870, has, by virtue of section two of the Coinage Act, 1891, been replaced by the Schedule to that Act: And whereas it is expedient that certain portions of the said Act of 1870, as so amended, should, with modifications, apply to and be in force in the Colonies of New South Wales, South Australia, Tasmania, New Zealand, Victoria, Queensland, and Western Australia, and there was this day read at the Board a draft Proclamation for such extension:

Now, therefore, Her Majesty, by and with the advice of Her Privy Council, in pursuance of the said Act and of all other powers enabling Her Majesty in this behalf, was pleased to order, and it is hereby ordered, that the said Proclamation shall be issued, and that a copy thereof be forwarded to the Governor of each of the said colonies, and there promulgated by him, and shall take effect in each colony as from the date of the promulgation thereof in the colony.

And the Lords Commissioners of Her Majesty’s Treasury, and the Right Honourable Joseph Chamberlain, one of Her Majesty’s Principal Secretaries of State, are to give the necessary directions therein accordingly.

C. L. PEEL.

BY THE QUEEN.—A PROCLAMATION.

Victoria, R.

WE do hereby, by and with the advice of our Privy Council, proclaim, direct, and ordain as follows:—

(1.) Those parts of the Coinage Act, 1870, as amended by section two and the Schedule of the Coinage Act, 1891, which are set out in this Proclamation, shall, as herein modified, apply to and be in force in each of our colonies of New South Wales, South Australia, Tasmania, Victoria, New Zealand, Queensland, and Western Australia.

(2.) The said enactments as modified set out herein shall come into force in each of the said colonies at the date of the promulgation of the Proclamation in that colony.

(3.) The said enactments as so modified are the following:—

Section 1. This Act may be cited as the “Coinage Act, 1870.”

Section 2. In this Act,—
The term “Treasury” means the Lord High Treasurer for the time being, or the Commissioners of Her Majesty’s Treasury for the time being, or any two of them;
The term “the Mint” means, except as expressly provided, Her Majesty’s Royal Mint in England;
The term “British possession” means any colony, plantation, island, territory, or settlement within Her Majesty’s dominions and not within the United Kingdom; and
The term “person” includes a body corporate.

Section 3. All coins made at the Mint of the denominations mentioned in the First Schedule to this Act shall be of the weight and fineness specified in that schedule, and the standard trial-plates shall be made accordingly.

If any coin of gold, silver, or bronze, but of any other denomination than that of the coins mentioned in the First Schedule to this Act, is hereafter coined at the Mint, such coin shall be of a weight and fineness bearing the same proportion to the weight and fineness specified in that schedule as the denomination of such coin bears to the denominations mentioned in that schedule.

Provided that in the making of coins a remedy (or variation from the standard weight and fineness specified in the said First Schedule) shall be allowed of an amount not exceeding the amount specified in that schedule.

Section 4. A tender of payment of money, if made in coins which have been issued by the Mint in accordance with the provisions of this Act, and have not been called in by any Proclamation made in pursuance of this Act, and have not become diminished in weight, by wear or otherwise, so as to be of less weight than the current weight, that is to say, than the weight (if any) specified as the least current weight in the First Schedule to this Act, or less than such weight as may be declared by any Proclamation made in pursuance of this Act, shall be a legal tender,—

In the case of gold coins for a payment of any amount;

In the case of silver coins for a payment of an amount not exceeding forty shillings, but for no greater amount;

In the case of bronze coins for a payment of an amount not exceeding one shilling, but for no greater amount.

Nothing in this Act shall prevent any paper currency which under any Act or otherwise is a legal tender from being a legal tender.

Section 5. No piece of gold, silver, copper, or bronze, or of any metal or mixed metal, of any value whatever, shall be made or issued, except by the Mint, as a coin or a token for money, or as purporting that the holder thereof is entitled to demand any value denoted thereon. Every person who acts in contravention of this section shall be liable on summary conviction to a penalty not exceeding twenty pounds.

Section 6. Every contract, sale, payment, bill, note, instrument, and security for money, and every transaction, dealing, matter, and thing whatever relating to money, or involving the payment of or the liability to pay any money, which is made, executed, or entered into, done or had, shall be made, executed, entered into, done and had according to the coins which are current and legal tender in pursuance of this Act, and not otherwise, unless the same be made, executed, entered into, done or had according to the currency of some British possession or some foreign State.

Section 7. Where any gold coin of the realm is below the current weight as provided by this Act, or where any coin is called in by any Proclamation, every person may by himself or others cut, break, or deface any such coin tendered to him in payment, and the person tendering the same shall bear the loss.

If any coin cut, broken, or defaced in pursuance of this section is not below the current weight, or has not been called in by any Proclamation, the person cutting, breaking, or defacing the same shall receive the same in payment according to its denomination. Any dispute which may arise under this section may be determined by a summary proceeding.

Section 11. It shall be lawful for Her Majesty, with the advice of her Privy Council, from time to time by Proclamation to do all or any of the following things, namely:—

(1.) To determine the dimension of and design for any coin.

(2.) To determine the denominations of coins to be coined at the Mint.

(3.) To diminish the amount of remedy allowed by the First Schedule to this Act in the case of any coin.

(4.) To determine the weight (not being less than the weight (if any) specified in the First Schedule to this Act) below which a coin, whether diminished in weight by wear or otherwise, is not to be a current or a legal tender.

(5.) To call in coins of any date or denomination, or any coins coined before the date in the Proclamation mentioned.

(6.) To direct that any coins, other than gold, silver, or bronze, shall be current and be a legal tender for the payment of any amount not exceeding the amount specified in the Proclamation, and not exceeding 5s.

(7.) To direct that coins coined in any foreign country shall be current and be a legal tender at such rates, up to such amounts, and in such portion of Her Majesty’s dominions as may be specified in the Proclamation; due regard being had in fixing those rates to the weight and fineness of such coins, as compared with the current coins of this realm.