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Calls.

of calls.

the duties of their respective offices, as the Company by its By-laws may provide.

VIII. It shall be lawful for the Directors of the said Company to call in and demand from the Stockholders thereof respectively, all sums of money by them subscribed, at such time. and in such payments or instalments as such Directors shall Forfeiture for deem proper; and if any Stockholder or Stockholders shall, non-payment after notice of such call or demand shall have been personally made, or after notice thereof shall have been published for six successive weeks in any of the newspapers published at the City of Hamilton, refuse or neglect to pay to the said Directors or the Secretary of the said Company, such call due upon the share or shares held by him, such share or shares shall or may, in the option of the said Directors, become forfeited, together with the amount or amounts paid thereon, and such forfeited share or shares may be disposed of as the Directors for the time being may think fit in any manner whatsoever, or the same may become vested in and for the benefit of the said Company, as the Directors may determine, or the amount of Suits for calls. such call may be sued for and recovered by the Company as hereinafter provided.

What it shall

suffice to alle ge and prove in an action for any call.

Directors to make Bylaws.

Evidence of
By-laws.

Stock to be personalty.

IX. In any action or suit to recover any money due upon any call, it shall not be necessary to set forth the special matter, but it shall be sufficient to declare that the Defendant is the holder of one share or more, stating the number of shares, and is indebted in the sum of money to which the calls in arrear shall amount, in respect of one call or more upon one share or more, stating the number and amount of each of such calls, whereby an action hath accrued to the said Company; And on the trial it shall only be necessary to prove that the Defendant was owner of certain shares, and the call or calls thereon, and the notice or demand required by this Act, and no other fact or thing whatsoever.

X. The Directors of the said Company shall have power to make such By-laws as they shall deem proper for the management and disposition of the stock and business affairs of the said Company, for the appointment of officers, and for prescribing their duties and those of all artificers and servants that may be employed, and for carrying on all kinds of business within the objects and purposes of the said Company; and any copy of the said By-laws or any of them, purporting to be under the hand of the Clerk, Secretary or other officer of the said Company, and having the corporate seal of the said Company affixed to it, shall be received as prima facie evidence of such By-law or By-laws in all Courts of Law or Equity in this Province.

XI. The Stock of the said Company shall be deemed personal estate, and shall be transferable in such manner as shall

be

be prescribed by the By-laws of the Company; but no share Not transfershall be transferable until all previous calls thereon shall have able unless all been fully paid in, or it shall have been declared forfeited for calls are paid the non-payment of calls thereon; and it shall not be lawful for the said Company to use any of its funds in the purchase of any stock in any other Company.

up.

of half their

XII. It shall be lawful for the said Corporation from time to Company may time to borrow, either in this Province or elsewhere, all such borrow money sum or sums of money (not exceeding in all at any time an to the amount amount equal to half of the paid up capital of the Company) as Capital. they may find expedient, and to make the bonds, debentures, or other securities they shall grant for the sums so borrowed, May issue payable either in currency or in sterling, with interest, and at Debentures. such place or places within or without this Province as they may deem advisable, and such bonds or other securities may be made payable to bearer or transferable by simple indorse`ment or otherwise, and may be in such form as the Directors for

the time being may see fit; and the said Directors may hy- And pledge pothecate, mortgage or pledge the lands, revenues and other lands, &c. property of the said Corporation, for the due payment of the said sums and the interest thereon; Provided that no such Proviso. bonds or debentures shall be issued by the Corporation for any amount less than one hundred pounds, currency.

Limited liabi

XIII. Each Stockholder of the said Corporation shall be severally and individually liable to the creditor thereof to an lity of Stockamount of the stock held by him, for all debts and contracts holders. made by such Corporation, until the whole amount of the stock held by such Stockholder shall have been paid up.

XIV. If the Directors of the said Company shall declare and Penalty on Di pay any dividend when the Company is insolvent, or any divi- rectors declardend the payment of which would render it insolvent, or which ing dividends when Compawould diminish the amount of its Capital Stock, they shall be ny is insoljointly and severally liable for all debts of the Company then vent, &c. existing, and for all that shall be thereafter contracted while they shall respectively continue in office.

XV. It shall be the duty of the Directors of the said Com- List of Stockpany to cause a Book to be kept by the Treasurer or Clerk holders to be kept. thereof, containing in alphabetical order the names of all persons who are or have been Stockholders of the said Company, and shewing their places of residence, the number of shares of stock held by them respectively, and the time when they respectively became the owners of such shares, and also a statement of all the existing debts and liabilities of the said Company and of the amount of its stock actually paid in ;

which Book shall, during the usual business hours of the day, To be open to in every day except Sundays and obligatory holidays, be open all Suckfor the inspection of Stockholders of the Company and their holders. personal representatives, at the Office of the said Company, in

the City of Hamilton.

Transfer of

property of

former Company to the

XVI. Subject to the payment of the debts and liabilities of Joint Stock Company referred to in the Preamble of this Act, the estate and effects of the said Company shall, from and Corporation. after the passing of this Act, become and are hereby invested in the Corporation to be erected by this Act.

Interpretation.

Public Act.

Preamble.

tain of the

subscribers.

XVII. The Statute of this Province passed in the twelfth year of Her Majesty's Reign, chapter tenth, and known, cited, and referred to as "The Interpretation Act," shall, so far as it can be made applicable, apply to this Act.

XVIII. This Act shall be deemed a Public Act.

CAP. CCXXIV.

An Act to incorporate the Victoria Hospital. [Assented to 19th May, 1855.] WHEREAS a HEREAS a large number of public spirited persons, influenced by principles of benevolence, have associated themselves together for the purpose of erecting a Protestant Hospital in the city or neighbourhood of Quebec, to be called the Victoria Hospital, and have liberally subscribed Name of cer- towards the same; And whereas James Gibb, Henry John Noad, Charles Gethings, John Munn, Angus McDonald, John Musson, George Benson Hall, William Eadon, Noel Hill Bowen, Henry Stewart Scott, Sir Henry John Caldwell, Bart., Jeffery Hale, John Thomson, Henry Atkinson, James Simpson Hossack, John Gilmour, Alexander Carlisle Buchanan, John Henry Clint, Christian Wurtele, and George Veasey, have by their Petition prayed to be incorporated in order to the more certain and efficacious attainment of the useful and praiseworthy objects for which they have thus associated themselves, and it is expedient to grant their prayer: 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:

The said persons and others ncor

porated: cor

porate name and general

powers.

I. The persons above named and all such other persons as now are or shall, under the provisions of this Act, be or become Members of the said Association, shall be and they are hereby declared to be a body politic and corporate in deed and in name by the name of the Victoria Hospital, and by that name shall have perpetual succession and a common seal, and shall have power from time to time to alter and renew or change such common seal at their pleasure, and shall by the

same

same name from time to time and at all times hereafter be able Real estate limited. and capable to acquire, hold, possess and enjoy for the purposes of this Act, by purchase, donation, bequest, demise or otherwise, any moveable property whatsoever, and also any real or immoveable property and estate, lying and being within this Province, and requisite and necessary for their actual use and occupation, and the same to sell, alienate and dispose of as they shall consider for the advantage and interest of the said. Corporation, and to purchase and acquire others in their stead; And by the same name shall and may be able and capable in Further law to sue and be sued, implead and be impleaded, answer powers. and be answered unto in all Courts of Law and Equity and places whatsoever, in as large, ample and beneficial a manner as any other body politic or corporate, or as any persons may and can do in any manner whatsoever, and shall have Powertomake power and authority to make and establish such By-laws, rules By-laws. and regulations, not being contrary to this statute or to the laws in force in this Province, as shall be deemed useful or necessary for the interests of the said Corporation or for the management thereof, and for the admission of members into the said Corporation; and from time to time to alter and amend, repeal or change the said By-laws, rules and regulations, or any of them, and shall and may do, execute and perform all and singular other the matters and things relating to the said Corporation and the management thereof, or which shall or may appertain thereto, subject nevertheless to the rules, regulations, stipulations and provisions hereinafter prescribed and established.

Governors for

II. There shall be for ever hereafter belonging to the said Corporation, as many Governors for life of the said Hospital as life. there shall be persons professing the Protestant faith who have contributed or shall contribute thereto by donation respectively, the sum of one hundred pounds or upwards, or who have contributed or shall contribute thereto by donation respectively, at least fifty pounds currency, with an annual payment of three pounds currency or more, and the persons so contributing shall

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be such Governors for life; and there shall be nine other Gover- Elective G nors thereof, who shall be annually elected, in manner herein- vernon. after prescribed, from among those persons professing the Protestant faith who have contributed or shall contribute thereto by donation respectively, at least twenty-five pounds currency, with an annual payment of not less than twenty-five shillings currency, which persons so contributing and paying as last aforesaid are hereby declared qualified to be elected Governors; which Governors for life, and those so elected, shall appoint out of their number one President and two Vice- appoint PresiPresidents, and also, out of their number or otherwise, one dent, &c., and Treasurer and one Secretary, and shall conduct and manage the affairs and business of the said Hospital and Corporation for the current year, in manner as hereinafter is declared and appointed.

other officers.

Who shall be

titled to vote.

III. All persons whosoever who have contributed or shall members en contribute to the said Hospital by donation respectively, five pounds currency or upwards, with an annual payment of twenty-five shillings currency or upwards, as well as all persons who have contributed or shall contribute thereto fifty pounds currency or upwards, without an annual subscription, shall be members of the said Corporation, and shall be entitled to vote at any General or Special Meeting of the members of the said Corporation, in the ratio following, that is to say: One vote for every five pounds of the amount of their respective donations; Provided always, that no member shall have upwards of ten votes.

Votes.
Proviso.

First meeting

Election of nine Gov

ernors.

Term of
Office.

IV. Within three months after the passing of this Act, the of members of members of the said Hospital and Corporation being the perthe Corpora tion. sons contributing and paying as aforesaid, shall meet at some convenient place in the said City of Quebec, (public notice of the hour and place of meeting having been given in one or more of the newspapers published in Quebec at least seven days before,) and then, by the majority of such of them as shall so meet, reckoning their votes in the ratio of the contributions. actually paid, but so as that no member of the Society or Corporation shall have more than ten votes, shall, by ballot, elect and choose nine of their Members qualified as aforesaid to be Governors,—which Members of the Society or Corporation so qualified and elected shall be Governors of the said Hospital and Corporation for the time to elapse from the period of the said Election so to be had as aforesaid, until the Annual General Meeting of the members of the said Corporation, which shall thereafter be held on such day in the month of January in every subsequent year as may hereafter be established in and by the By-laws of the said Corporation, and with the President and Vice-Presidents by them appointed shall immediately enter upon their respective offices and duties and hold, exercise and enjoy the same respectively from the time of such elections and appointments for and during the then current year, and until the General Annual Meeting in the month of January then next following, and until other fit persons shall be elected and appointed in their respective places according to the By-laws and regulations aforesaid.

Annual Gene

ral meeting and Election

V. A General Meeting of the Members of the said Corporation shall be held in the month of January in every year of Governors. on such day as may be fixed by the By-laws of the said Corporation for the election of nine Governors, or such proportion of the said number of nine elected Governors of the Corporation as may be required to go out by rotation annually, according to the By-laws of the said Corporation, in place of those previously elected or retiring as aforesaid; and at such General Annual Meeting all business connected with the affairs of the said Corporation may be transacted.

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