administering the Government of this Province, as being pro- ers. XXX. It shall not be lawful for the Corporation hereby con- Bank not to stituted, at any time whatever, directly or indirectly, to advance lend money to or lend to, or for the use of or on account of any foreign Prince, Foreign Pow Power or State, any sum or sums of money, or any securities for money and if such unlawful advance or loan be made, then and from thenceforth the said Corporation shall be dissolved, and all the powers, authorities, rights, privileges and advantages hereby granted shall cease and determine; any thing in this Act to the contrary notwithstanding. lished. XXXI. The several public notices by this Act required to be How notices given, shall be given by advertisement in one or more of the shall be pubnewspapers published in the County of Lincoln or Welland, and in the Canada Gazette, or such other Gazette as shall be generally known and accredited as the Official Gazette for the publication of Official documents and notices emanating from the Civil Government of this Province. Great Britain. XXXII. Shares of the Capital Stock of the Bank may be Transfer of made transferable and the dividends accruing thereon may be Shares in made payable in the United Kingdom, in like manner as such shares and dividends are respectively made transferable and payable at the Bank, in the County of Elgin; and to that end, the Directors may, from time to time, make such rules and regulations, and prescribe such forms, and appoint such agent or agents as they may deem necessary. shares, other XXXIII. If the interest in any share in the said Bank become Provision for transmitted in consequence of the death or bankruptcy or in- proving the solvency of any shareholder, or in consequence of the marriage transmission of of a female shareholder, or by any other lawful means than by wise than by a transfer according to the provisions of this Act, the Directors regular transmay require such transmission to be authenticated by a decla- fer. ration 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 share of the profits of the Bank nor to vote in respect of any such share 55 Proviso: as to share or shares as the holder thereof: Provided always, that authentication every such declaration and instrument as by this and the folof such proof. lowing section of this Act is required to perfect 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 or 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 other Proviso as to 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. further evi dence. If the change of ownership be by marriage of hfe male Shareholder, or by will, &c. Mode of obtain ng de cion of the Court as to when the Bank entertains reason. able doubt XXXIV. If the transmission of any share in the Bank be by virtue of the marriage of a female shareholder, the declaration shall contain 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 letters 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. XXXV. 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 whentitle to shares ever the ownership of, or legal 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 the Court of Chancery for Upper Canada, a declaration and petition in writing addressed to the Chancellor of the Court, seiting 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 notice of such petition shall be given to the party claiming such shares, who shall, upon the filing of such petition establish his right to the several shares referred to in such petition; and all other proceedings in such cases shall be the Proviso. same same as those observed in cases pending before the said Court to execution of trusts to XXXVI. The Bank shall not be bound to see to the execu- Bank not tion of any trust, whether express, implied or constructive, to bound to see which any of the shares of the Bank may be subject, and the receipt of the party in whose name any such share shall stand which Shares in the Books of the Bank, or if it stand in the names of more may be subject. 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. invested in XXXVII. It shall be the duty of the Directors of the said One tenth of Bank to invest, as speedily as the Debentures hereinafter paid up mentioned can be procured from the Receiver General, and to Capital to be keep invested at all times in the Debentures of this Province, Debentures of payable within the same, or of the Consolidated Municipal certain kinds. Loan Fund, one tenth part of the whole paid up Capital of the said Bank, and to make a Return of the numbers and amount Return to be of such Debentures, verified by the oaths and signatures of the made. President and Chief Cashier or Manager of the said Bank, to the Inspector General, 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: Provided Proviso. always, that the said Directors shall not commence the ordinary business of Banking until the sum of ten thousand pounds shall have been invested in such Debentures. XXXVIII. This Act shall be and iemain in force until the Duration of first day of June, which will be in the year of our Lord, one Act. thousand eight hundred and seventy, and from that time until the end of the then next Session of the Parliament of this Province, and no longer. XXXIX. This Act shall be deemed a Public Act. FORM OF SCHEDULE A Referred to in the Nineteenth Section of the foregoing Act. I, (or we,) of shares, For value received from do hereby assign and transfer unto the said 55 * uo) Public Act. in the Capital Stock of the Zimmerman Bank, subject to the rules and regulations of the said Bank. Witness my (or our) hand (or hands) at the said Bank, this day of in the year one thousand eight hundred and (Signatures.) I (or we) do hereby accept the foregoing assignment of shares in the Stock of the Zimmerman Bank, assigned to me (or us) as above mentioned, at the Bank, this one thousand eight hundred and day of (Signatures.) FORM OF SCHEDULE B Referred to in the Twenty-ninth Section of the foregoing Act. Return of the Average Amount of Liabilities and Assets of the Zimmerman Bank during the period from first one thousand eight hundred LIABILITIES. Promissory Notes in circulation not bearing interest..£ Cash deposits, not bearing interest.. .£ ..£ ..£ to Notes and Bills discounted, or other Debts due to the Total average Assets......£ CAP. CAP. CCIV. An Act to incorporate the Niagara District Bank. W! [Assented to 19th May, 1855.] HEREAS the Niagara District Bank, created and con- Preamble. stituted by, under and in virtue of an Act of Parliament 21. of this Province, made and passed in the session held in the thirteenth and fourteenth years of Her Majesty's Reign, intituled, An Act to establish freedom of Banking in this Province, 13 & 14 V. c. and for other purposes relative to Banks and Banking, have by their Petition prayed on behalf of the said Corporation for an Act of incorporation, extending their powers and privileges and authorizing them to increase their capital stock; And whereas it is expedient to grant the prayer of the said Petition: Be it therefore enacted by the Queen's Most Excellent Majesty, by and with the advice and consent of the Legislative Council and of the Legislative Assembly of the Province of Canada, constituted and assembled by virtue of and under the authority of an Act passed in the Parliament of the United Kingdom of Great Britain and Ireland, and intituled, An Act to re-unite the Provinces of Upper and Lower Canada, and for the Government of Canada, and it is hereby enacted by the authority of the same, as follows: rated. I. The Honorable James Morris, the Honorable John Ross, Certain perthe Honorable John Sandfield McDonald, the Honorable Hamil- sons incorpoton H. Killaly, the Honorable William Hamilton Merritt, Thomas Clarke Street, James Benson, John Arnold, J. P. Merritt, Thomas R. Merritt, Nehemiah Merritt, William Mattice, Richard Miller, John Brown, Calvin Phelps, and Rolland Macdonald, Esquires, all of this Province, and such other persons as now are shareholders of the capital stock of the said Bank and their assigns, shall be and they are hereby constituted a body corporate and politic in fact and in name, by and under the name, style and title of the Niagara District Corporate Bank, and as such shall, during the continuance of this Act, name and general pow have succession and a common seal, with power to break, ers. renew, change, and alter the same at pleasure; and shall be capable of suing and being sued, and of pleading and being impleaded in all Courts of Law and Equity and other places, in all manner of actions, causes and matters whatsoever; and Real property for the convenient management of their business, but for no other purpose, shall and may purchase, acquire and hold, real or immoveable estates and property, not exceeding the yearly value of one thousand pounds current money of this Province; and may sell, alienate, and dispose of the same, and purchase, acquire and hold others in their stead, not exceeding in the whole the yearly value aforesaid. limited. II. The capital stock of the said Corporation hereby constiCapital tuted, shall be the sum of two hundred and fifty thousand £250,000, ir pounds |