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hereditaments, and real and immovable property and estate, situate, iying and being within the City of Toronto, and the same to sell, alienate and dispose of whensoever the said Corporation may deem it proper so to do ; and by the same name shall and may be able and capable in law to sue and be sued, implead and be impleaded, answer and be answered unto, in any manner whatsoever ; and the Constitution, Rules, Constitution of and Regulations now in force, touching the admission and the corporation. expulsion of members, and the management and conduct generally of the affairs and concerns of the said Association in so far as they may not be inconsistent with the laws of this Province, shall be the Constitution, Rules, and Regulations of the said Corporation ; Provided always, that the said Proviso: as to Corporation may from time to time alter, repeal, and change present Bysuch Constitution, Rules, and Regulations, in the manner

laws, &c. provided by the Constitution, Rules, and Regulations of the said Corporation. 2. All property and effects now owned by or held in trust for

Property vested the said Association are hereby vested in the said Corporation, in corporation. and shall be applied solely to the maintenance of the said Corporation.

members
limited.

3. No member of the Corporation shall be liable for any of Liability of the debts thereof beyond a sum which shall be equal to the amount of the original entrance fee and the annual subscriptions which may remain unpaid by such member ; and any member of the Club not being in arrear may retire therefrom, and shall cease to be such member, on giving notice to that effect in such form as may be required by the By-laws thereof, and thereafter shall be wholly free from liability for any debt or engagement of the Club.

4. It shall be lawful for the said Corporation to issue stock, Stock and to such extent as they may deem necessary, not exceeding in subscriptions the aggregate the sum of forty thousand dollars, in shares of one hundred dollars each ; such stock to be subscribed for in a book to be opened for that purpose by the Committee of the said Club, and to be paid up in such manner and within such delay as may be determined by the said Committee,

5. The funds arising from such stock shall be applied Application exclusively to the erection of a Club House and dependencies, of stock. and to furnishing the same.

6. The shares of such stock shall be assignable by delivery Transfer of and surrender of the certificates to be issued to the holders of stock. such shares respectively, and by assignment on the books of the Corporation.

7. Each holder of such stock duly paid up shall be a proprie- Rights of tor of an undivided share of the real estate of the Corporation shareholders.

and of the buildings thereon to be erected, and shall be exempt from all liability beyond the extent of the stock he shall actually hold.

Paying off stock.

8. It shall be competent to the said Corporation to pay off so much of the said stock from time to time as the said Committee may deem desirable ; the share or shares so to be paid off to be selected by the said Committee by ballot.

Mode of payment.

9. Such payment may be made by depositing, in any of the chartered Banks in the City of Toronto, to the credit of the holder or holders of such share or shares, the amount of such share or shares and of all dividends unpaid thereon, and thereupon such share or shares shall, ipso facto, cease to exist.

Public Act.

10. This Act shall be deemed a Public Act.

CP. XCIII.

An Act for the sale or other disposition of the Lands belonging to the Estate of the late John Speirs.

[ Assented to 15th October, 1863.)

Preamble.

W

HEREAS John Speirs, in his lifetime of the City of

Montreal, Accountant, departed this life intestate, leaving him surviving John Kerr Speirs, Robert Adam Speirs, James Scott Speirs, Rosina Aird Speirs, Peter McGill Speirs, Francis McDougall Speirs and Lilias Jessie Speirs, his heirs and heiresses at law, who were infants under the age of twenty-one years, and possessed of a considerable quantity of real estate, situate in that part of this Province formerly Upper Canada, and of certain personal property, the available part of which has been exhausted in the payment of his debts and in the preservation of his real estate ; and whereas Francis Walker Shiriff, of the Village of Huntingdon, the Administrator of the said Estate in Upper Canada, and the guardian duly appointed of the said infants in Upper and in Lower Canada, at the request of the said parties, hath presented his petition to be empowered to sell or otherwise dispose of the lands yet undisposed of, and generally to wind up the said estate, for the benefit thereof and of the parties beneficially entitled thereto, and whereas certain proceedings have been taken in the Court of Chancery for Upper Canada in the matter of the said infants and of the Twelfth Victoria, chapter seventy-two; and whereas it has been made to appear that it is necessary, for the preservation of the said estate as well as for the maintenance and education of the said children of John Speirs, and for other purposes, that special power should be given to some one person to manage and dispose of the said estate to the best advantage : Therefore, Her Majesty, by and with the advice and consent of

the

the Legislative Council and Assembly of Canada, enacts as follows:

1. That the said Francis Walker Shiriff be and he is hereby f. w. Shinff empowered to sell, lease, mortgage, or otherwise dispose of the empowered to lands remaining unsold or undisposed of which were of the dispose of rer

maining lands. said late John Speirs at the time of his death, and to convey or otherwise assure the said lands to any person or persons who may be or may become entitled thereto, and that he be also and he is hereby appointed to manage and wind up the said estate, and in relation thereto to do and perform all such acts and things as in his discretion he may think necessary.

2. The said Francis Walker Shiriff shall account yearly, or To account oftener if so required, to the Court of Chancery for Upper yearly or of Canada for his dealings with the said Estate, and shall also, Court of Channearly, or oftener if required, pay into the said Court any cery for U.C. surplus or balances that may be in his hands applicable to the formation of such a fund as will produce an annual income, from which the continuing demands against the said Estate can be paid as is contemplated by an order made by the said Court in that matter, bearing date the sixth day of May, 1862.

3. The said Francis Walker Shiriff shall, if required by the To give securisaid Court, give security for the payment of such balances and ty if required. for the proper management of the said Estate ; and the said Court may accept of sureties domiciled in that part of this Province formerly Lower Canada.

4. This Act is not to be construed as affecting the juris- Power of Court diction of the said Court with reference to the investment or as to invest

ment of moneys application of any of the funds arising from the sales, leases or saved. other disposition of the said Estate and from time to time paid into the said Court by the said Francis Walker Shiriff.

5. Nothing in this Act contained shall affect or prejudice Rights of any claim or title of any person or persons against the lands or claimants on Estate of the said late John Spiers.

estate saved.

6. This Act shall be deemed a Public Act.

Public Act.

CAP. XCIV.

An Act to authorize the admission of John Henry

Dumble to practise as an Attorney and Solicitor in the Courts of Law and Equity in Upper Canada.

[Assented to 15th October, 1863.] W , Preamble.

Gentleman, hath by his Petition to the Legislature represented, that by Articles of Clerkship bearing date the sixteenth 27 *

day

day of April, one thousand eight hundred and sixty, he became an Articled Clerk of William Irvine Stanton, a practising Attorney in the Courts of Common Law at Toronto ; – That the said Articles, with the Affidavits required by law, were duly transmitted to Toronto for the purpose of being filed in the office of the Clerk of the Crown ; but that about a year afterwards the Petitioner discovered that they had never been filed and were lost ; That he served under the said Articles the full term required by law, and that in Trinity Term of this present year he passed satisfactorily his examination before the Law Society for admission to practise as an Attorney and Solicitor in the Courts of Law and Equity in Upper Canada, and that the said Law Society would have granted him the requisite certificates had his Articles been duly filed; and he hath prayed relief in the premises, which relief it is expedient to grant him : Therefore, Her Majesty, by and with the advice and consent of the Legislative Council and Assembly of Canada, enacts as follows:

John H. Dumble may be admitted to practise.

1. It shall be lawful for the Law Society of Upper Canada to dispense with the filing and production of the Articles of clerkship of the said John Henry Dumble, and to grant him a certificate of fitness to practise as an Attorney in the Courts of Common Law, and as a Solicitor in the Court of Chancery, in Upper Canada, and for the said Courts in their discretion to admit him to practise as an Attorney and Solicitor therein, respectively.

Public Act.

2. This Act shall be deemed a Public Act.

QUEBEC :-Printed by G. DESBARATS & M. CAMERON,

Law Printer to the Queen's Most Excellent Majesty.

1863.427 VICTORIÆ.

FIRST SESSION, EIGHTH PARLIAMENT.

TABLE OF CONTENTS.

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