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Proviso as to

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 or shares as the holder thereof: Provided always, that authentication every such declaration and instrument as by this and the followof such proof. ing 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 a female Share holder or by

will, &c.

How the decision of a

when the

Bank entertains reason. able doubts.

XXXVII. 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.

XXXVIII. Whenever the interest in any share or shares of the Capital Stock of the said Eastern Townships Bank shall be Court may be obtained as to transmitted by the death of any Shareholder or otherwise, or title to Shares Whenever 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 Superior Court for Lower Canada, 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

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
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 interventions in cases pending
before the said Superior Court: Provided also, that the costs Proviso.
and expenses of procuring such order and adjudication shall be
paid by the party or parties to whom the said shares shall be
declared lawfully to belong, and such shares shall not be trans-
ferred until such costs and expenses be paid, saving the re-
course of such party against any party contesting his right.

to execution of trusts to

XXXIX. The Bank shall not be bound to see to the execution Bank not of any trust, whether express, implied or constructive, to which bound to see any of the shares of the Bank may be subject, and the receipt of the party in whose name any such share shall stand in the Books which Shares of the Bank, or if it stand in the names of more parties than one, may be subject. 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 bad 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.

vested in De

XL. 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 paid up Capibe procured from the Receiver General, and to keep invested tal to be inat all times in the Debentures of this Province, payable within bentures of the same, or of the Consolidated Municipal Loan Fund, one certain kinds. 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, verified by the oaths and signatures of the 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 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.

XLI. This Act shall be and remain in force until the first Duration of day of June which will be in the year of our Lord, one thousand Aet. 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.

XLII. This Act shall be deemed a Public Act.

Public Act.

FORM

FORM OF SCHEDULE A

Referred to in the Nineteenth Section of the foregoing Act.

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currency, amounting to the sum of pounds,

of

shares,

shillings,

shillings)

in the Capital Stock of the Eastern Townships Bank, subject to the rules and regulations of the said Bank.

Witness my (or our) hand (or hands) at the said Bank, this in the year one thousand eight hundred

and

day of

(Signatures.)

I (or we) do hereby accept the foregoing assignment of shares in the Stock of the Eastern Townships Bank, assigned to me (or us) as above mentioned, at the Bank, this one thousand eight hundred and

of

(Signatures.)

FORM OF SCHEDULE B

day

Referred to in the Twenty-ninth Section of the foregoing Act. Return of the Average Amount of Liabilities and Assets of the Eastern Townships Bank during the period from first one thousand eight hundred and

το

LIABILITIES.

Promissory Notes in circulation not bearing interest..£
Bills of Exchange in circulation not bearing interest..£
Bills and Notes in circulation bearing interest..
Balances due to other Banks....

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£

£

£

£

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£

£

£

Notes and Bills discounted, or other Debts due to the
Bank, not included under the foregoing heads.....£
Total average Assets...

..£

CAP.

CAP. CCVII.

An Act to amend the Act incorporating the Montreal
Telegraph Company.

W

[Assented to 19th May, 1855.]

HEREAS the Montreal Telegraph Company have repre- Preamble. sented that doubts exist as to their right to hold real estate in certain cases for the general purposes of the Company and the accommodation of the Stations thereof; And whereas it is desirable and expedient to remove such doubts, and to grant other facilities to said Company: 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. For and notwithstanding any thing in the Act intituled, NotwithstandAn Act to incorporate the Montreal Telegraph Company con- ing 10 & 11 tained, it shall be lawful for the said Company and they shall V. c. 83, Comhave power to purchase, receive, have and hold to them and land for sta pany may hold their successors to and for the use of the Company, such real tions, &c. estate in this Province and such only, in addition to that now held by them, as may be necessary for the convenient transaction of the business of the Company, and for the erection of buildings for the suitable accommodation of the Stations thereof, in this Province, now or hereafter to be established and for the construction of the Line or Lines or branches thereof, and for the effectually carrying on the operations of such Company, and the same to let, convey, or otherwise depart with, for the benefit and on account of the Company, from time to time, as they shall deem expedient.

Branch Lines

II. The said Company is authorized to construct and main- Company may tain such other Line or Lines, and such Branch Line or Lines construct of Telegraph Electric, or otherwise, from and to any point in of Telegraph. this Province in addition to the present Lines of the Company and the extensions, continuations and branches thereof heretofore constructed, and which they have full power and authority to maintain and keep up, as may be required, to meet the increase of business or as they may think desirable, along and upon any of the public roads and highways of, or across any of the waters within, the Province, or with the consent of any Railway Company in this Province, along the line thereof, by the erection of the necessary fixtures, including posts, piers or abutments for sustaining the cords or wires of such Lines, provided the same shall not be so constructed as to Proviso incommode

58

May purchase

or lease other lines.

Proviso.

The said Act 10 & 11 V.

c. 83 to apply to Branches.

Proviso.

Public Act.

Preamble.

16 V. c. 111.

incommode the public use of such roads or highways, or injuriously to interrupt the navigation of such waters, and also upon any lands purchased by the Company or the right to carry the Line over which shall have been conceded to them by the parties having a right to such concession, nor shall any thing herein contained be construed to confer on such Company the right of building a Bridge over any navigable water.

III. The said Company is further hereby authorized and empowered to purchase and acquire of any other Telegraph Company, Association or person, any line of Telegraph already constructed or hereafter to be constructed, and the same to hold, keep up and maintain, or to depart with or to lease any such line of Telegraph, and the same to maintain, and during the lease thereof to work for the profit of the Company. Provided always, that nothing herein contained shall authorize the said ompany to purchase any parallel line of Telegraph, or to exempt the said Company from any restrictions imposed upon Telegraph lines under any general law of this Province.

IV. The hereinbefore cited Act shall apply to and comprehend such lines, extensions, continuations and branches as are hereinbefore mentioned and referred to, and the said Act and this Act shall authorize the appointment by the Company of such officers and agents, and the making of such prudential Rules and Regulations and By-laws, as may be necessary for the construction or management and maintenance thereof: Provided the same shall not be inconsistent with the Laws of this Province.

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An Act further to amend the Act of Incorporation of the
British North American Electric Telegraph Associa-
tion, to enable the said Association to construct Branch
Lines, and to subscribe for Stock in other Electric
Telegraph Companies.

W

[Assented to 19th May, 1855.]

HEREAS by an Act passed in the sixteenth year of the Reign of Her Majesty, intituled, An Act to amend the Act of Incorporation of the British North American Electric Telegraph Association, the said Association were authorized to extend their line of Telegraph to the boundary of the United States of America, and to Montreal; And whereas it would be advantageous to construct branch lines connecting with their main line of Telegraph, in order to extend the usefulness thereof; And whereas it would be advantageous to the said Association to hold and possess Stock in other lines of Telegraph within this Province : Be it therefore enacted by the Queen's Most Excellent Majesty,

by

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