Municipality holding Stock in said Company to the amount of two thousand five hundred pounds or upwards, as prescribed by the third proviso to the fourth sub-section of the fifteenth section of the Act passed in the sixteenth year of Her Majesty's Reign, intituled, An Act to amend the Municipal Acts of Upper Canada, nor be less than three including such Mayor, and 16 V. c. 181. for determining the number of Shares it shall be necessary for a Stockholder to hold to qualify him to act as a Director. Provided always that a majority of the number of Directors mentioned in such By-law shall constitute a quorum for the transaction of business. 2nd. For providing for the payment of Directors or for the Paying Direc appointment of one or more paid Directors. tors. 3rd. For amending, altering or repealing any By-law of Amending such Company, made under the authority of this or any other By-laws. Act of Parliament passed or to be passed hereafter. not to be laid VI. And be it enacted, that when any such Company shall Pipes of other have laid down Main Pipes for the supply of Gas or of Water Companies in or through any of the Streets, Squares or Public Places of within a cerany City, Town or Village, it shall not be lawful for any other tain distance person or persons whatsoever, bodies corporate or politic, with- of those of this Company. out the consent of such Company first had and obtained, nor otherwise than upon payment to such Company of such compensation as may be agreed upon, to lay down any Main Pipe for the supply of Gas or Water within six feet thereof, or when it shall be impracticable to cut drains for such Main Pipes at a greater distance, then as nearly six feet as the circumstances of the case will admit. stituted for Trustees un VII. And be it enacted, that the said first before recited Act Directors subbe further amended by omitting the words "Trustee " or "Trustees," wherever the same may occur in the said Act, der the said and by inserting in lieu thereof the words "Director," or Act. "Directors" provided that in all proceedings which may have been had or taken under the said Act, or in or about any Company incorporated thereunder, the word "Trustees, wherever the same shall occur, or shall have occurred, shall be taken to be and be construed to mean the Directors. VIII. And be it enacted, that the Forty-third section of the Sect. 43 said first before recited Act shall be incorporated with this incorporated Act, and apply equally to the provisions thereof. with this Act. CAP. CAP. XCV. Preamble. 18 V. c. 11. Section 21 amended. An Act to amend An Act to regulate the Inspection of W [Assented to 30th May, 1855.] HEREAS it is expedient to amend an Act of the Legislature of the Province of Canada, passed in the present Session thereof, intituled, An Act to regulate the Inspectim of Pot and Pearl Ashes: 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: I. The words " or packer," in the twenty-first section of the said Act, shall be and they are hereby repealed; and the said twenty-first section shall hereafter be read as if the said words. or packer" had never been inserted therein. Penalty on II. Any person not being duly authorized under the said Act, unauthorized who shall in any manner whatever assume the title or office of persons acting as Inspectors. Inspector of Pot or Pearl Ashes, shall exercise any of the duties of such Inspector, or shall issue any bill, certificate or declaration establishing or purporting to establish the quality of any Pot Ashes or Pearl Ashes, shall, for every such offence, incur a penalty of Five Pounds currency, which may be recovered in the manner prescribed by the twenty-second section of the said Act, or by summary conviction before any Justice of the Peace, who, in default of immediate payment, may issue a Warrant of Distress, or commit the offender to the common gaol until such penalty be paid. Interpretation. Preamble. III. All the provisions of the said Act shall apply to this Act, in so far as they are not inconsistent with the provisions hereof. CAP. XCVI. An Act to regulate Savings Banks, and to repeal the Act now in force for that purpose. [Assented to 30th May, 1855.] WHEREAS experience has proved that the Act now in force for regulating Savings Banks do not afford that security to Depositors to which they are entitled at the hands of the Legislature, and it is therefore expedient to repeal the said Act, and to make better provisions instead thereof: Be it therefore enacted by the Queen's Most Excellent Majesty, by and 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: Act 4 & 5 V. I. The Act passed in the session held in the fourth and fifth years of Her Majesty's Reign, and intituled, An Act to encourage c. 32, repealed. the establishment of and regulate Savings Banks in this Province, shall be and the same is hereby repealed, except in so far only Exception. as it is hereinafter otherwise provided, and except with regard to any penalty or forfeiture incurred under it, with regard to which it shall remain in force. II. It shall be lawful for any number of persons to associate Mode in which themselves for the purpose of establishing a Savings Bank in any number of any one place in this Province under this Act, and such per- persons may become incorsons shall execute an Instrument before Notaries, if the Bank porated as a is to be in Lower Canada, and under their hands and seals, Savings Bank. and in duplicate, if the Bank is to be in Upper Canada, which Instrument shall set forth : The Corporate name to be taken by the Institution, of which What must be the words "Savings Bank" shall always form part; The place at which its business is to be carried on ; inserted in the Instrument: Its Capital Stock which shall in no case be less than one Further prohundred thousand pounds currency; the number of Shares in- visions in such to which such Stock is to be divided, and the amount of each Share, which shall in no case be less than one hundred pounds Stock. currency; the number of shares taken by each of the persons Shares. executing such Instrument, and the names, residence, profes- Stockholders. sion, calling or addition of each of such persons; the persons who shall be the Directors of the Institution until the first Directors. election of Directors, and which of them shall be President, President. but no person shall be named as a Director who shall not hold at least five hundred pounds, of the Stock of the Institution; The period during which such Institution is to continue, Duration of which shall not be less than five years, nor more than thirty Bank. years, and shall be made to end on the thirtieth day of April in some year to be named in such Instrument; Such further provisions as to the working of the Institution Further proand the management of its affairs and business, in matters not visions for its provided for by this Act, as the persons executing such Instru- management. ment may think expedient, which provisions, not being inconsistent with the letter or spirit of this Act or the laws of this Province, Proviso: oath. Province, shall be fundamental Rules of the Institution, and shall not be altered; and any such provision which shall be inconsistent with the letter or spirit of this Act, or with the laws of this Province, shall be void, but shall not affect the validity of the Instrument of Association in other respects. Provided always, that no person shall be deemed a ShareStockholders holder in any such Savings Bank, nor shall his name be entered to justify their sufficiency on in list of Shareholders as one of them, or the stock he may have agreed to take be reckoned as part of the Capital Stock of any such Savings Bank, until he shall have justified his sufficiency on oath or affirmation in the following form, before some Judge of one of the Superior Courts of Law in this Province, or some County or Circuit Judge, who is hereby empowered to administer such oath : The oath. Attestation oath, "I, A. B. solemnly swear (or affirm) that I am now possessed of and own to and for my own use and benefit, and over and above all my just debts, property of the value of (here insert the amount of stock of which the Defendant is the subscriber or transferree)." (Signature) A. B. Which oath or affirmation shall be signed by the Deponent and and deposit of attested by such Judge, who shall deliver a certificate thereof to the party making the same, and the original shall be kept among the Records of the Court of which he is a Judge ; and no transfer of Stock shall be valid so as to relieve the party making it from liability to any Depositor, until such oath or affirmation shall be so made. Deposit ofsuch General rela III. If such Instrument relate to a Savings Bank in Lower record, and of Canada, a Notarial Copy thereof shall be deposited of record the certificates in the office of the Prothonotary of the Superior Court for the of the Receiver District in which the Bank to which it relates is to be estabtive thereto. lished,-and if such Instrument relate to a Savings Bank in Upper Canada, a duplicate thereof shall be deposited of record in the office of the Clerk of the County Court of the County or of the United Counties within which the Bank to which it relates is to be established, the execution thereof by the several parties thereto being attested on oath by at least one witness before the said Clerk; and every such Instrument so deposited of record, as well as the Certificates of the Receiver General of the deposit or withdrawal of money or Debentures as hereinafter provided, shall be open to the inspection of any person during office hours, on payment of a fee of one shilling to the Officer having the custody thereof, who shall furnish any person with a certified copy thereof, on payment of a fee equal to six pence currency, for each hundred words in such copy, and the certificate thereto; and any such copy so certified, Copies of the shall be prima facie evidence of such Instrument, and of the contents thereof, without proof of the signature of the Officer certifying same and their effect. certifying such Copy; and a certified copy of such Instrument Certified copy and of the Certificates of the Receiver General relating to the to be always same Bank, shall be constantly kept at the place of business of kept open for inspection. the Bank to which they relate, open to the inspection of all depositors therein. powers. IV. Upon the deposit of any such Instrument with the proper Incorporation Prothonotary or Clerk as aforesaid, and the deposit with the and general Receiver General of the amount hereinafter mentioned, the corporate parties thereto, and their successors, shall, during the term herein limited, be a body public and corporate by the name therein taken, by which name they may sue and be sued, and shall have and exercise the powers vested in corporate bodies by the Interpretation Act, except in so far as they are modified by this Act, and all such powers as may be necessary for fully and conveniently carrying out the provisions of this Act. V. Before any Savings Bank intended to be established Deposit of a under this Act shall be entitled to the benefit thereof, the Direc- certain sum in money or tors of such Bank shall deposit with the Receiver General of Debentures this Province, a certified copy of the Instrument of Association, with the Reand a sum not less than one eighth nor more than one fourth of ceiver General the Capital of the Bank, in money or in Debentures receivable favor of the as security in under the laws regulating the business of Banking, in deposit Depositors in for registered Bank Notes, or partly in money and partly in the Bank. such Debentures, the value of such Debentures being reckoned at par, and the Receiver General shall grant a Certificate of such deposit in duplicate, one duplicate shall be deposited in the office of the Prothonotary or Clerk in whose office the Instrument of Association of the Bank is deposited, and the other shall remain in the office of the Bank; and the money or Debentures, or both, so deposited, shall remain in the hands of the Receiver General, subject to the provisions hereinafter made, as security for the repayment to the Depositors in such Bank, of the sums deposited by them, with the interest due thereon; but Interest on the interest on such Debentures and interest on the money so Debentures to deposited, at the rate allowed at the same period on the be payable to special Debentures hereinafter mentioned, shall be paid over by the Receiver General to the Bank, on behalf whereof such money or Debentures were deposited, except in the case hereinafter provided for. the Bank. sum so deposited. VI. The sum so deposited by the Directors of any Savings Power to Bank established under this Act, may, if originally less than increase or one fourth the Capital of the Bank, be increased at any time by diminish the one or more deposits to any sum not exceeding one fourth of the said Capital, or may be diminished to any sum not less than one eighth of the said Capital, by the Bank's withdrawing one or more sunis, after giving three months' notice to the Receiver General of the intention to withdraw the same: Provided Proviso. always, First, that the sum deposited or withdrawn at any one time shall not be less than five thousand pounds; Secondly, Proviso. that |