The total of the notes given out by the issue department is called the

'issue circulation', the portion of it in the hands of the public being the

'active circulation', and that still in the banking department being the

'note reserve'. This 'note reserve' represents really the amount of bullion

in the issue department available for the use of the banking department. Of

the other items in the account it may be noted that the proprietors' 'rest'

is a varying surplus increased always by accumulated profits up to 5th

April and 10th Oct., when the bank dividends are paid to the shareholders;

and that the public deposits, which include sums lodged on account of the

customs, inland revenue, &c., increase through revenue receipts until the

dividend terms in January, April, July, and October. The other or private

deposits comprise those of bankers, merchants, and other persons. An

increase in these private deposits indicates an increase of monetary ease,

while a decrease informs us that bankers, merchants, and traders have calls

upon them for money. A better indication of the demand for money is

furnished, however, by the advances on commercial securities, and it is by

this and the condition of the reserve that the bank rate of discount is

regulated. When the reserve is high and the advances moderate the discount

rate is low, and it is raised according as the reserve falls and advances

are more in request, especially during an adverse foreign exchange and

drain of gold. Gold is thus restrained from going abroad, and its influx

into the country is encouraged. In addition to the profit which the bank

may make by ordinary banking business, by the Bank Act of 1892 and the

Revenue Act of 1906, it receives an allowance for the management of the

national debt, at the rate of L325 per million on 500 millions, and L100

per million on all debt above that sum. The annual sum is not to be less

than L160,000. It also derives a profit from foreign gold coin and bullion

brought to it, for which it pays L3, 17s. 9d., or 1-1/2d. per ounce less

than the real value.

The management of the bank is in the hands of a governor, deputy-governor,

and twenty-four directors, elected by stock-holders who have held L500 of

stock for six months previous to the election. A director is required to

hold L2000, a deputy-governor L3000, and a governor L4000 of the stock. The

court or board of directors meets every Thursday, when the weekly account

is presented. The Bank of England has branches in Liverpool, Manchester,

Newcastle, Birmingham, Leeds, Hull, Bristol, Plymouth, and Portsmouth.

The other English banks consist of numerous joint-stock and private banks

in London and the provinces, many of the provincial establishments of both

kinds having the right to issue notes. Private banks in London with not

more than six partners have never been prevented from issuing notes, but

they could not profitably compete with the Bank of England. The maximum

issues of the provincial banks are limited to a certain amount, against

which they are not compelled to hold gold in reserve, and they have no

power to issue against specie in excess of the fixed circulation. Their

actual issues are considerably below this amount. No union can take place

between a joint-stock bank and a private bank, or between two joint-stock

banks of issue, without one of them losing its issue. Their total

authorized circulation is about L2,958,900, but the actual circulation of

these banks is now only about L1,200,000, being distributed among about

eighteen private and about twenty joint-stock banks. The notes of these

banks are payable in Bank of England paper. The greater number of

joint-stock banks are of limited liability, though their liability in

respect of their notes is unlimited. Some of them have a large number of

branches. All the joint-stock banks allow interest on money deposited with

them. The total paid-up capital and reserves of the English joint-stock

banks is about L100,000,000.

_Scotland_.--In Scotland there are no private banks, the only banks in that

portion of the United Kingdom being eight joint-stock banks of issue, and

their branches (the Mercantile and Savings not being banks of issue). By

the Act of 1845 new banks of issue were prohibited, a monopoly being given

to such establishments (nineteen in number) as existed in the year previous

to 1st May, 1845. At the same time the issue of each was limited to the

amount of its average circulation during that year, together with the

specie held at the head office. Any bank issuing notes in excess of this

limit is supposed to hold an equivalent amount of gold. The aggregate

authorized circulation is now L2,676,350; the average actual circulation is

fully L7,000,000. The Bank of Scotland, established by Act of Parliament in

1695, had for its original capital only L100,000, increased to L200,000 in

1744; but it now has a capital of L1,325,000 paid up. It remained the only

bank in Scotland till the Royal Bank of Scotland was established in 1727,

with an original capital of L151,000, which has grown to L2,000,000 paid

up. The British Linen Company was incorporated in 1746, for the purpose of

promoting the linen manufacture, but soon became a general banking company;

capital, L1,250,000 paid up. These three banks claim to be by their

charters banks of limited liability. All the other Scottish banks have been

established within the nineteenth century. They are all incorporated by

royal charter or Act of Parliament, which enables them to sue and be sued

as a corporation, and latterly they have all become banks of limited

liability, except that their liability is not to be limited in respect to

their note issue. The total paid-up capital of the Scotch banks is

L9,300,000. A large number of one-pound notes circulate in Scotland, thus

tending to keep the requirements for gold low. From allowing a moderate

rate of interest on deposit accounts (although not on current accounts) it

is not uncommon for depositors in Scottish banks to lodge their money

permanently as an investment; and the habit of keeping an account with a

banker is much more general in Scotland than in England, branch offices of

the banks being very numerous. Several of the Scotch banks have branch

offices in London, but of course they cannot issue their own notes from

these offices. The Scotch banks have enjoyed a high reputation for

stability, and though public confidence was somewhat shaken by the failure

of the Western Bank in 1857, and even more rudely by that of the City of

Glasgow Bank in 1878, their shares are generally looked upon as a safe and

remunerative investment. Their total deposits amount to fully L107,000,000.

_Ireland._--The banks in Ireland consist of one public or national bank,

the Bank of Ireland, and of sundry joint-stock and private banks. The

authorized note circulation is arranged on the same footing as that of the

Scotch banks. If any bank discontinues its issue and issues notes of the

Bank of Ireland, the circulation of the latter may be to an equal amount

increased. The authorized circulation is L6,354,494; the actual circulation

is sometimes a little above, sometimes a little below. The Bank of Ireland,

which was established by charter in 1783 with similar privileges to those

granted to the Bank of England, has lent the greater portion of its capital

to Government. Its capital is L2,769,230 (or L3,000,000 Irish); it has also

a rest or reserve of over L1,000,000. The bank allows interest on deposits

when lodged for a stated period.

_Banque de France._--The Bank of France is second in importance only to the

Bank of England. It was established in the beginning of the nineteenth

century, at first with a capital of 45,000,000 francs, and with the

exclusive privilege in Paris of issuing notes payable to bearer, a

privilege which was extended in 1848 to cover the whole of France. It has

numerous branches in the larger towns, a number of these having been

acquired in 1848, when certain joint-stock banks of issue were by

Government decree incorporated with the Bank of France, the capital of

which was then increased to 91,250,000 francs (L3,650,000), in 91,250

shares of 1000 francs each. In 1857 the capital was doubled, and besides

this it has a large surplus capital or rest. Like the Bank of England, it

is a bank of deposit, discount, and circulation, and is a large creditor of

the State. The Government appoints the governor and the two

deputy-governors, who are all required to be stockholders. There is also a

body of fifteen directors and three censors, nominated by the shareholders.

The value of its note circulation in March, 1922, was 36,225,852,000

francs.

_British Colonies._--With regard to the banks in British colonies little

need be said. All the more important are joint-stock concerns, and they are

carried on subject to Acts passed by the respective colonial legislatures.

Some of them have their head-quarters in London, and have been established

by English capital. In Canada the banks are not allowed to issue notes of

lower denominations than five dollars, notes for one and two dollars and

higher amounts being issued by the Dominion Government; and the banking

laws are such that there is no possibility of holders of bank-notes being

losers by them. The total paid-up capital of the Canadian banks is about

L20,000,000; their total deposits about L135,000,000.

_United States._--The more important of the banks of the United States are

what are called national banks, established in accordance with an Act

passed in 1863. Associations of this kind at starting must invest at least

a third of their paid-up capital in Government bonds, which pay them an

interest of 4 per cent more or less. They then obtain from the Government

bureau, established for the purpose, 90 per cent of paper-money sheets,

which they sign and pay out, this constituting their note circulation.

These banks pay no interest to depositors. Besides the notes of these banks

a large portion of the currency of the United States consists of Government

notes issued from the national treasury. There are also banks chartered by

the different States and private banks.

_Savings-banks_ are banks established for the receiving of small sums, so

as to be taken advantage of by the poorer classes, and they are carried on

entirely for the benefit of the depositors. They are of comparatively

recent origin, one of the earliest having been an institution in which

small sums were received, and interest allowed on them, established by Mrs.

Priscilla Wakefield, at Tottenham, near London, in 1803. The first

savings-bank in Scotland was formed in 1810 by the Rev. Henry Duncan, of

Ruthwell, Dumfriesshire. In 1814 the Edinburgh savings-bank was established

on the same principles, and the system soon spread over the kingdom. The

first Act relating to savings-banks was passed in 1817. By it all deposits

in savings-banks, as soon as they reached L50, were placed in the hands of

the National Debt Commissioners, who allowed interest on them. In 1824 it

was enacted that the deposits for the first year should not exceed L50, nor

those in subsequent years L30, the total deposits being limited to L150,

and interest ceasing to be paid when accrued interest made the total L200.

By the Act of 1893 the limit of annual deposit was raised to L50, and the

interest is now rather less than 3 per cent. An Act of 1833 had provided

for the purchase of Government annuities by depositors either for life or

for a term of years; and an annuity of any amount up to L100 may now be

obtained. Depositors in savings-banks (by an Act of 1880) can also have

their money invested for them in Government stock, the banks collecting and

paying the dividends; and when accrued interest raises an account above

L200 the excess is now so invested for the depositor. The total amount

invested by one person in Government stock is not to exceed L500, nor L200

in one year. These banks are managed by local trustees having no personal

interest in the business, and by certain paid officers. A new class of

savings-banks, namely, _Post Office Savings-banks_, was established in

Britain in connection with the money-order department of the Post Office in

1861. Any sum not less than a shilling is received, provided that the total

amount banked does not exceed L50 in one year, or more than L200 in all;

the excess of accrued interest above this being invested in Government

stock. Interest is paid on every complete pound at the rate of 2-1/2 per

cent. For the deposits the Government is responsible, and they may be drawn

from any Post Office Savings-bank in the kingdom. These savings-banks have

become very numerous, and much of the funds formerly in the trustees'

savings-banks has been transferred to them. The total amount deposited in

the old banks is now about L52,000,000, in the new about L157,600,000. The

regulations regarding the purchase of Government stock and annuities

correspond with those given above. Savings-banks are now well known in all

civilized countries, and the good they have done is incalculable. In the

United States there is an enormous amount of money deposited in them. Post

Office Savings-banks have been proposed to be established in the States,

but have not yet been so. In Canada, Australia, and other British colonies

they are established, as well as savings-banks of several other kinds.

School savings-banks are the most recent institutions of this kind, and

have had a marked effect for good.

_Bank Holidays_, in England and Ireland, Good Friday, Easter Monday, Whit

Monday, first Monday in August, Christmas and following day, or 27th (if

next day is a Sunday); in Scotland, New-Year's Day, first Monday of May and

August and Christmas.

BANKRUPT (from It. _banca rotta_ 'bank broken' or 'bench broken'. Dr.

Johnson said that the word originated from the Italian custom of breaking

the bench of an insolvent money-changer; but _rotta_ also means

'interrupted' or 'stopped', and is here used more in the sense of our

colloquial word _broken_, and means 'insolvent'), a person whom the law

does or may take cognizance of as unable to pay his debts. Properly it is

of narrower signification than _insolvent_, an insolvent person simply

being unable to pay all his debts. In England up till 1861 the term

_bankrupt_ was limited to an insolvent trader, and such traders were on a

different footing from other insolvent persons, the latter not getting the

same legal relief from their debts. In all civilized communities laws have

been passed regarding bankruptcy. At present bankruptcy in England is

regulated by the Bankruptcy Acts of 1883 and 1890, which have as one chief

feature the intervention of the Board of Trade in the proceedings, with the

object of obtaining full official supervision and control. A bankruptcy

petition may be presented either by a creditor or a debtor. A creditor's

petition must be founded on a debt of not less than fifty pounds, due to

one or more creditors, and on an 'act of bankruptcy' committed by the

debtor within three months before the presentation of the petition. A

debtor commits an act of bankruptcy if he makes a conveyance of his

property to a trustee for the benefit of his creditors; if he makes a

fraudulent transfer of any part of his property; if, to defeat or delay his

creditors, he conceal himself either at home or abroad; if execution issued

against him has been enforced by seizure and sale of his goods under

process in an action in any court; if he files in court a declaration of

inability to pay his debts, or presents a bankruptcy petition against

himself; if a creditor has obtained a final judgment against him for any

amount and he fail to pay the judgment debt without satisfactory reason; or

if the debtor gives notice to any of his creditors that he has suspended,

or is about to suspend, payment of his debts. In London jurisdiction in

bankruptcy now rests with the High Court of Justice, while the county

courts continue to have jurisdiction in bankruptcy outside the London

district. When the court is satisfied as to the petition, a 'receiving

order' is issued to protect the debtor's estate by constituting the

official appointed by the Board of Trade receiver of the debtor's property,

and to stay the remedies of all creditors until the meeting of creditors.

The debtor must make out a full statement of his affairs, accounting as

best he can for his insolvency. The official receiver summons the meeting

of creditors, a summary of the debtor's affairs being sent to each creditor

with the notice of the meeting, which is also advertised in the _London

Gazette_. The creditors must send to the official receiver, one day before

the meeting, sworn proofs of their claims to enable them to vote. At the

meeting the creditors (unless the debtor's proposal for a composition or

scheme be entertained) pass a resolution adjudging the debtor bankrupt, and

appoint a trustee of the bankrupt's property, with a committee of

inspection selected from their own body to superintend the administration

of the bankrupt's property by the trustee, who divides the available

realized assets amongst all creditors who have sent sworn proofs of claims.

Rates, assessments, and taxes, and all wages or salary of a clerk, servant,

labourer, or workman during four months before the date of the receiving

order not exceeding L50 are paid in priority to all other debts. The

trustee is required to give satisfactory security to the Board of Trade, by

which his accounts are audited not less than twice in each year. All moneys

received by the trustee under the bankruptcy must be paid forthwith to an

account kept at the Bank of England by the Board of Trade, called the

'Bankruptcy Estates Account'. The debtor is bound to be publicly examined

upon oath in court, and any creditor who has tendered a proof, or his

representative, may take part in the examination. Until the debtor has

passed his public examination he cannot apply for an order of discharge,

and upon proof of misdemeanour the court refuses or suspends the discharge.

A discharged bankrupt is disqualified for five years from acting as member

of Parliament, justice of peace, alderman, overseer of the poor, county

councillor, or as a member of any school, highway, or burial board. An

undischarged bankrupt obtaining credit to the extent of L20 or upwards from

any person, without informing such person of his status, is guilty of a

misdemeanour. By the Act of 1883 the creditors may at the first meeting

resolve to entertain a proposal for a composition or scheme of arrangement

of the debtor's affairs, but the composition or scheme shall not be binding

on the creditors, unless confirmed at a second meeting by a majority in

number representing three-fourths in value of all the creditors who have

proved. The composition or scheme has then to be formally brought before

the court for approval, which may be refused. A composition or scheme may

be sanctioned by the court after the debtor's adjudication as a bankrupt,

and in this case the bankruptcy is annulled. Though imprisonment for debt

has been abolished, fraudulent bankrupts may be punished, and the conduct

of prosecutions for offences arising out of any bankruptcy proceeding falls

to the public prosecutor. The estates of persons dying insolvent may be

administered according to the law of bankruptcy. The Act of 1913 embodies

suggestions of the Bankruptcy Law Amendment Committee of 1906. Thus, the

Summary Jurisdiction Act can now be applied to offenders under the Debtors'

Act. Whereas previously conviction for such offences as failure to keep

proper accounts and concealment of debt could only be by trial before a

jury, they are punishable after summary trial before a stipendiary

magistrate or justice of the peace, the onus of proving innocence falling

on the debtor. A married woman, too, may be made bankrupt even if not

trading separately from her husband.

According to Scots law bankruptcy is notorious insolvency, that is, a

public acknowledgment of inability to discharge obligations. By a judicial

proceeding, called _sequestration_, authorized by the Court of Session or

sheriff court, on the petition of the debtor himself with the concurrence

of one creditor swearing to a debt of L50, two whose debts together amount

to L70, or of any number of creditors whose debts together amount to L100;

or on the petition of a creditor or creditors to the foregoing extent

without the concurrence of the debtor, if he has clearly shown himself to

be insolvent (or a _notour bankrupt_), the whole estates and effects of the

debtor, real and personal, are legally taken for behoof of the creditors.

The debtor's estate is then made over to a trustee chosen by the creditors,

the trustee being charged to bring the whole estate into the form of money,

with certain precautions, and to receive, investigate, and reject or admit

the claims of the creditors, subject to review of the Court of Session or

sheriff court by summary petition. The debtor, and all who can give

information as to the estate, must submit to public examination on oath

before the sheriff of the county, and the debtor may thereafter, or by

petition after six, twelve, or eighteen months from sequestration, be

discharged of all debts by the court with consent of the creditors or a

number of them, or at the expiry of two years without consent. These

proceedings may be partly superseded by 'composition' if such be assented

to by a majority in number and nine-tenths in value of creditors, or by a

majority in number and four-fifths in value of the creditors, according to

the period at which such arrangement may be proposed. They may also be

terminated by a deed of arrangement entered into between the bankrupt and a

majority in number and four-fifths in value of his creditors, approved of

by the court. Before a discharge is given there must be a report from the

trustee as to the conduct of the bankrupt, whether he has complied with the

provisions of the Act, whether his bankruptcy is culpable or not, &c.

Before the abolition of imprisonment for ordinary civil debts by Act passed

in 1880, an insolvent debtor often took advantage of a form of process by

which, on making a complete _cessio bonorum_, or surrender to his creditors

of all his property, he might obtain protection from imprisonment. Though

no person can now be imprisoned for ordinary debts, a creditor of a

_notour_ bankrupt may present a petition to the sheriff, praying him to

decern that the debtor assign over all his goods for behoof of his

creditors and that a trustee be appointed; and this proceeding is still

designated a process of _cessio bonorum_. The Act of 1880 also provides for

the better punishment of fraudulent debtors in Scotland. If the debtor's

liabilities exceed L200, the sheriff may award _sequestration_ of the

debtor's estate instead of _cessio bonorum_. There is no appeal from the

sheriff's decision with respect to discharge.

In Ireland there is a special code of bankruptcy contained in special Acts,

differing to some extent from the regulations prevailing both in England

and Scotland. Thus in Ireland it is not an offence for an undischarged

bankrupt to obtain credit to any amount without disclosing the fact of his

bankruptcy. All bankruptcy business comes before the court at Dublin,

Belfast, or Cork. Imprisonment for debt was abolished in 1872.

Official returns in Great Britain show a tendency towards a smaller number

of failures, but a larger amount of money is involved.

In the different British colonies the laws regulating bankruptcy naturally

differ, and the same is the case with the individual States of the American

Union, though Congress has the power of legislating for the whole country

in regard to this, and has oftener than once done so.--BIBLIOGRAPHY: H.

Goudy, _Treatise of the Law of Bankruptcy in Scotland_; Sir R. H. J.

Palgrave, _Dictionary of Political Economy_; E. T. Baldwin, _The Law of

Bankruptcy and Bills of Sale_; Sir R. L. V. Williams, _The Law and Practice

of Bankruptcy_; R. Ringwood, _The Principles of Bankruptcy_.

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