of shares otherwise than by regular transfer. veney of any shareholder, or in consequence of the marriage of a female shareholder, or by any other lawful means than by a transfer according to the provisions of this Act, the Directors may require such transmission to be authenticated by a declaration in writing, as hereinafter mentioned, or in such other manner as the Directors of the Bank shall require; and every such declaration or other instrument so signed, made and acknowledged, shall be left at the Bank, with the cashier or other officer or agent of the Bank, who shall thereupon enter the name of the party entitled under such transmission, in the Register of Shareholders, and until such transmission shall have been so authenticated, no party or person claiming by virtue of any such transmission, shall be entitled to receive any shares of the profits of the Bank nor to vote in respect to any such share or shares as the holder thereof; Proviso: as to Provided always, that every such declaration and instrument, as authentication by this and the following section of this Act is required to perfect Proviso: as to further evidence. If the change of ownership of a female shareholder, or by will, &c. the transmission of a share of the Bank, and as shall be made in any other country than in this or some other of the British Colonies in North America, or in the United Kingdom of Great Britain and Ireland, shall be further authenticated by the British Consul for Vice Consul, or other the accredited representative of the British Government, in the country where the declaration shall be made, or shall be made directly before such British Consul or Vice Consul, or other accredited representative; And provided also that nothing in this Act contained shall be held to debar the Directors, cashier or other officer or agent of the Bank from requiring corroborative evidence of any fact or facts alleged in any such declaration. 30. If the transmission of any share of the Bank be by virtue he by marriage of the marriage of a female shareholder, the declaration shall contain a copy of the register of such marriage or other particulars of the celebration thereof, and shall declare the identity of the wife with the holder of such share, and if the transmission have taken place by virtue of any testamentary instrument or by intestacy, the probate of the will or the letter of administration or of tutorship or curatorship, or an official extract therefrom, shall, together with such declaration, be produced and left with the cashier or other officer or agent of the Bank, who shall then enter the name of the party entitled under such transmission in the Register of Shareholders. Mode of obtaining decision of Court as to 31. Whenever the interest in any share or shares of the capital stock of the said bank, shall be transmitted by the death of any Shareholder or otherwise, or whenever the ownership of, or legal title to hare right of possession, in any such share or shares, shall change by any lawful means, other than by transfer according to the provisions of this Act, and the Directors of the said Bank shall entertain reasonable doubts as to the legality of any claim to and upon such share or shares of stock, then and in such case it shall be lawful for the said Bank to make and file, in one of the Superior entertains reasonable doubts. Courts Notice, &c. Courts of law for Ontario, a declaration and petition in writing addressed to the Justices of the Court, setting forth the facts and the number of shares previously belonging to the party in whose name such shares stand in the books of the Bank, and praying for an order or judgment adjudicating and awarding the said shares to the party or parties legally entitled to the same, and by which order or judgment the Bank shall be guided and held fully harmless and indemnified and released from all and every other claim for the said shares or arising therefrom; Provided always, that Proviso; notice of such petition shall be given to the party claiming such share or shares, who shall, upon the filing of such petition establish his right to the several shares referred to in such petition; and the delays to plead and all other proceedings in such cases shall be the same as those observed in analogous cases before the said Superior Courts; Provided also, that the costs and expenses Proviso: as to of procuring such order and adjudication shall be paid by the costs. party or parties to whom the said shares shall be declared lawfully to belong, and such shares shall not be transferred until such costs and expenses be paid, saving the recourse of such party against any party contesting his right. Bank not shares may be subject. 32. The Bank shall not be bound to see to the execution of any bound to see trust, whether express, implied or constructive, to which any of to execution of the shares in the Bank may be subject, and the receipt of the trusts to which party in whose name any such share shall stand in the books of the Bank, or if it stand in the names of more parties than one, the receipt of one of the parties, shall from time to time be a sufficient discharge to the Bank for any dividend or other sum of money payable in respect of such share, notwithstanding any trust to which such share may then be subject, and whether or not the Bank have had notice of such trust, and the Bank shall not be bound to see to the application of the money paid upon such receipt, any law or usage to the contrary notwithstanding. 33. It shall be the duty of the Directors of the said Bank to One-tenth of invest as speedily as the Debentures hereinafter mentioned can to be invested paid up capital be procured from the Receiver General, and to keep invested at in securities of all times in the Debentures of the late Province of Canada, or of certain kinds. this Dominion, or of the Consolidated Municipal Loan Fund, or in Dominion Stock one tenth part of the whole paid up capital of the said Bank, and to make a return of the numbers and amount of such Debentures or Stock, verified by the oaths and signatures of the President and Cashier or Manager of the said Bank, to the Minister of Finance, in the month of January of each year, under the penalty of the forfeiture of the charter of the said Bank, in default of such investment and return. this Act. 34. This Act shall be and remain in force until the first day of Duration of June, in the year of our Lord one thousand eight hundred and seventy, and from that time till the end of the next session of the Parliament of the Dominion, and no longer. Act 31 Vic., c. 11, to apply. Search war rant for, and seizure and counterfeit notes, &c. 35. The Act of the Parliament of Canada, passed in the thirtyfirst year of Her Majesty's Reign, Chapter eleven, intituled: An Act respecting Banks, shall extend to the said "Dominion Bank" and shall be read and taken to be, and form a part of the Charter of the said " Dominion Bank." 36. On complaint made on the oath of one credible witness to the effect that there is just cause to suspect that any person is or destruction of has been concerned in making or counterfeiting any bank notes or bills of the bank, any magistrate may, by warrant under his hand, cause the dwelling house, room, workshop, out-house, or other building, dary, garden or other place, where such person shall be suspected of carrying on such making or counterfeiting to be searched; and all such counterfeit bank bills, notes and such plates, dies, rolling-presses, tools, instruments, and materials used in, or apparently adapted to the making or counterfeiting of such bills or notes, as shall be found therein or thereon shall forthwith be carried before the same or any other magistrate, who shall cause them to be returned and produced upon any prosecution in relation thereto, in any Court of Justice; and the same after being so produced in evidence, shall be defaced or destroyed, or otherwise disposed of at the discretion of the Court. Embezzlement Bank to be a felony. 37. If the cashier, assistant cashier, manager, clerk or servant by officer of the of the Bank shall secrete, embezzle or abscond with any bond, obligation, bill obligatory, or of credit or other bill or note, or any security for money, or any money or effects entrusted to him as such cashier, assistant cashier, manager, clerk or servant, whether the same belong to the said Bank, or belong to any person or persons, body or bodies politic or corporate, or institution or institutions, and be lodged with the said Bank, the said cashier, assistant cashier, manager, clerk or servant, so offending and being thereof convicted in due form of law shall be deemed guilty of felony. Punishment of such felony. Bank to be subject to future legis. lation. 38. Any person guilty of felony under this Act shall be punished by imprisonment at hard labour in the Penitentiary for any term not less than two years or by imprisonment in any other gaol or place of confinement for any term less than two years, in the discretion of the Court. 39. The powers and privileges conferred by this Act and the liablities or obligations of the shareholders of the said Bank, shall be subject to any legislation either of the present or any future session of the Parliament of Canada, which may take place; and no general Act whereby any privilege hereby conferred may be affected or impaired shall be deemed an infringment of this the Charter of the said Bank. FORM FORM OF SCHEDULE A. Referred to in the 25th Section of the foregoing Act. Return of the average amount of the liabilities and assets of the one thousand eight hundred and LIABI ITIES. Promissory Notes in circulation not bearing interest..... Balances due to other Banks...... Cash deposits, not bearing interest.. Cash deposits, bearing interest.... $ Total average Liabilities... $ to Coin and bullion.................. ASSETS. Landed or other property of the Bank... Promissory notes or bills of other Banks Balances due from other Banks..... Notes and bills discounted... Other debts due to the Bank, not included under the foregoing heads..... Total average Assets.. $ CAP. LXI. An Act to confirm and give effect to a certain agreement between the Government of Canada, and the Great Western Railway Company. W [Assented to 22nd June, 1869.] HEREAS it appears, by a message from His Excellency Preamble. the Governor General, and the documents accompanying the same, that under the authority of the Act of the Legislature of the late Province of Canada, passed in the twelfth year of Her Majesty's Reign, and intituled: An Act to provide for affording Canada, 12 the guarantee of the Province to the Bonds of Railway Companies V. o. 25. on certain conditions, and for rendering assistance in the construction of the Halifax and Quebec Railway, and of the Act of the said Legislature passed in the Session thereof held in the fourteenth and fifteenth years of Her Majesty's Reign, and intituled: An Act to make provision for the construction of a Main Trunk Line of 14-15 V. c. 73. Railway Amount of debt of Com and interest thereon, and terms of pay Railway throughout the whole length of the Province, and the Act of the said Legislature passed in the Session last mentioned, and intituled: "An Act to extend the provisions of an Act passed in 14-15 V. c. 74. the present Session, intituled: An Act to make provision for the construction of a Main Trunk Line of Railway throughout the whole length of this Province, and of an Order in Council and Proclamation made and issued under the twenty-second section of the Act secondly above cited, and bearing date the seventh day of August, one thousand eight hundred and fifty-two,-divers sums of the public moneys of the Province and Provincial Debentures, were advanced and delivered to the Great Western Railway Company, under the provisions of the said Acts and of the said section, the amount of which debentures, and of all sums of money so advanced and the interest thereon, it was provided by the said Acts should form a debt due to Her Majesty, for the use of the · said Province, for securing which the Province should have the first hypothee, mortgage and lien upon the Road, tolls and property of the said Company; And whereas the said moneys so owing by the said Company were, by virtue of The British North America Act, one thousand eight hundred and sixty-seven, vested in Her Majesty as therein set forth, and it further appears by the said message and documents, that it was in the month of December pany to II. M. now last, settled and agreed between the Government of Canada (acting on the report of the Minister of Finance), and the said Great Western Railway Company, that the principal sum which ment agreed would be owing, as aforesaid, by the said Company to Her Majesty, on the first day of January, one thousand eight hundred and sixty-nine, would be two million eight hundred and ten thousand five hundred dollars, and that the balance due for interest thereon up to the said day (although amounting to a greater sum), should, on the conditions hereinafter mentioned, be taken to be (after deducting all sums charged against the Government for Postal and Military services up to the said day, and the amount of the Sinking Fund and other sums at the credit of the said Company), equal to four hundred and forty-four thousand four hundred and one dollars and thirty-seven cents, making a total sum of three million two hundred and fifty-four thousand, nine hundred and one dollars and thirty-seven cents, which said sum it was agreed that the said Company should pay as follows; that is to say:-one hundred thousand pounds sterling, or four hundred and eighty-six thousand six hundred and sixty-six dollars and sixty-seven cents on or before the tenth day of February now last, and the balance of two million seven hundred and sixty-eight thousand two hundred and thirty-four dollars and seventy cents, in four equal annual instalments, with interest at the rate of four per cent per annum, from the said first day of January, one thousand eight hundred and sixty-nine, for which sum and interest so payable, the said Company should deliver to the Receiver General their bonds payable to bearer, secured by the mortgage, hypothec and lien aforesaid, and in such form and for such sums respectively as the Minister of Finance should direct or approve and it was further agreed that upon any failure of the said Company to perform their upon. part |