avoid such liability. holders of the bonds, bills and notes of the said Bank, and an action or actions in this behalf may be brought against them or any of them, and the heirs, executors, administrators, or curators of them or any of them, and be prosecuted to judgment and execution according to law, but such action or actions shall not exempt the said Bank or its lands, tenements, goods or Proviso how chattels, from being also liable for such excess: Provided Director may always, that if any Director present at the time of contracting any such excess of debt, do forthwith, or if any Director absent at the time of contracting any such excess of debt, do within twenty-four hours after he shall have obtained a knowledge thereof, enter on the minutes or register of the Bank, his protest against the same, and do within eight days thereafter publish such protest in at least two Newspapers published in the City of Kingston, such Director may thereby, and not otherwise, exonerate and discharge himself, his heirs, execu tors and administrators or curators, from the liability aforesaid, any thing herein contained or any law to the contrary notwithstanding provided always, that such publication shall not exonerate any Director from his liability as a shareholder. Proviso. Limitation of liability of Shareholders in case of in solvency of the Bank. Proviso. Statement of affairs to be published monthly. XXXVIII. In the event of the property and assets of the said Bank becoming insufficient to liquidate the liabilities and engagements or debts thereof, the Shareholders of its stock, in their private or natural capacities, shall be liable and responsible for the deficiency, but to no greater extent than to double the amount of their respective shares, that is to say, the liability and responsibility of each Shareholder to the creditors of the said Bank, shall be limited to a sum of money equal in amount to his stock therein, over and above any instalment or instalments which may be unpaid on such stock, for which be shall also remain liable and shall pay up: Provided always, that nothing in this section contained shall be construed to alter or diminish the additional liabilities of the Directors of the said Bank hereinbefore mentioned and declared. XXXIX. Besides the detailed statement of the affairs of the said Bank hereinbefore required to be laid before the Shareholders thereof, at their annual general meeting, the Directors shall make up and publish on the first Monday in each and every month, statements of the Assets and Liabilities of the said Bank, in the form of the Schedule A., hereunto annexed. shewing under the heads specified in the said form, the average amount of the notes of the said Bank in circulation, and other liabilities, at the termination of the month to which th statement shall refer, and the average amount of specie and other Assets, that at the same times were available to meet the same and it shall be the duty of the Directors to submit to the require further Governor of this Province, if required, a copy of such monthly statement, and, if by him required to verify all or any part of the said statements, the said Directors shall verify the same by the Governor may information. production production of the weekly or monthly balance sheets from which the said statements shall have been compiled: and furthermore the said Directors shall from time to time when required, furnish to the said Governor, of this Province, such further reasonable information respecting the state and proceedings of the said Bank, and of the several branches and offices of discount and deposit thereof, as such Governor of this Province, may reasonably see fit to call for: Provided always, that the weekly Proviso: such or monthly balance sheets, and the further information that further inforshall be so produced and given, shall be held by the said mation to be Governor of this Province, as being produced and given in strict confidence that he shall not divulge any part of the contents of the said weekly or monthly balance sheets, or of the information that shall be so given; And provided also, that Proviso: prithe Directors shall not, nor shall any thing herein contained be vate accounts construed to authorize them or any of them, to make known the closed. private account or accounts of any person or persons whatever having dealings with the said Bank. confidential. not to be dis state, &c. XL. It shall not be lawful for the said Bank, at any Bank not to time whatever, directly or indirectly, to advance or lend to or lend money to for the use of or on account of any Foreign Prince, Power or any foreign 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 granted to it by this or any other Act, shall cease and determine. XLI. The several public notices by this Act required to be Public notices given, shall be given by advertisement, in one or more of the how to be Newspapers published in the City of Kingston, and in the Canada given. 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, if any such Gazette be then published. Officers. XLII. If any Cashier, Assistant Cashier, Manager, Clerk Punishment of or Servant of the said Bank, shall secrete, embezzle or abscond embezzlement with, any Bond, Obligation, Bill Obligatory or of Credit, or &c., by Bank other Bill or Note, or any Security for money, or any moneys or effects, intrusted to him as such Cashier, Assistant Cashier, Manager, Clerk or Servant, whether the same belong to the said Bank, or belonging to any other person or persons, body or bodies politic or corporate, or institution or institutions, be lodged and deposited with the said Bank, the Cashier, Assistant Cashier, Manager, Clerk or Servant, so offending, and being thereof convicted in due form of Law, shall be deemed guilty of felony. XLIII. Every person convicted of felony under this Act Imprisonment shall be punished by imprisonment at hard labor in the Pro- over two years vincial Penitentiary, for any term not less than two years, or to be in Peni Power to search for forged notes or machinery used for forg ing. How dealt by imprisonment in any other Gaol or place of confinement for any less term than two years, in the discretion of the Court before which he shall be convicted. XLIV. It shall and may be lawful to and for any Justice of the Peace, on complaint made before him, upon the oath of one credible person, that there is just cause to suspect that any one or more person or persons is or are or hath, or have been concerned in making or counterfeiting any false bills of exchange, promissory notes, undertakings or orders of the said Bank, or hath in his possession any plates, presses or other ins truments, tools or materials for making or counterfeiting the same or any part thereof, by warrant under the hand of such Justice, to cause the dwelling house, room, workshop, or outhouse, or other building, yard, garden, or other place, belonging to such suspected person or persons, or where any such person or persons shall be suspected of carrying on any such making or counterfeiting, to be searched; and if any such false bills of exchange, prowith if found. missory notes, undertakings or orders, or any plates, presses, or other tools, instruments or materials, shall be found in the custody or possession of any person or persons whomsoever, not having the same by some lawful authority, it shall and may be lawful to and for any person or persons whom soever discovering the same, to seize, and he or they are hereby authorized and required to seize such false or counterfeit bills of exchange, promissory notes, undertakings or orders, and such plates, presses, or other tools, instruments or materials, and to carry the same forthwith before a Justice of the Peace of the County or District, (or if more convenient, of the adjoining County or District,) in which the same shall be seized, who shall cause the same to be secured and produced in evidence against any person or persons who shall or may be prosecuted for any of the offences aforesaid, in some Court of Justice proper for the determination thereof, and the same, after being so produced in evidence, shall by order of the Court be defaced or destroyed, or otherwise disposed of as such Court shall direct. Saving of rights of the Crown, &c. Public Act. Short Title. XLV. Nothing in this Act contained shall in any manner derogate from, or affect, or be construed to derogate from or affect, the rights of Her Majesty, Her Heirs and Successors, a of any person or persons, or of any body or bodies politic or corporate, except in so far as the same may be specially deregated from or affected by the provisions of this Act. XLVI. This Act shall be held, and taken to be a Public Act, and shall be judicially taken notice of and have the effect of a Public Act, without being specially pleaded, and shall be known as the Charter of the Commercial Bank of Canada, and the Interpretation Act shall apply thereto. XLVII. This Act, and so much of the Acts mentioned in Duration of the preamble as is not repealed by this Act, shall be and remain this Act. in force until the first day of January, which will be in the year of our Lord one 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. Act. XLVIII The foregoing sections of this Act shall have force Commenceand effect upon, from and after the first day of January, in the ment of this year of Our Lord, one thousand eight hundred and fifty-seven, and not before, and the said sections only shall be understood as intended, by the words "this Act," whenever in any of them the time when this Act shall be in force is mentioned. SCHEDULE A Referred to in the Thirty-ninth Section of the foregoing Act. Return of the Average Amount of Liabilities and Assets of the to hundred and LIABILITIES. Promissory Notes in circulation not bearing interest..£ Bills and Notes in circulation bearing interest.. Cash deposits, not bearing interest. Cash deposits, bearing interest. ..£ £ £ £ foregoing heads..... .£ £ £ .£ .£ £ Other Debts due to the Bank, not included under the ..£ Total average Assets......£ Preamble. 2 G. 4, c. 7. 6 V. c. 27. САР. СХХІ. An Act to amend and consolidate the Acts forming the Charter of the Bank of Upper Canada. W [Assented to 1st July, 1856.] HEREAS the Corporation called and known as "The Bank of Upper Canada," was created and constituted by and under the Act of the Legislature of Upper Canada passed in the fifty-ninth year of the Reign of King 59 G. 3, c. 24. George the Third, and intituled, An Act to incorporate sundry persons under the style and title of The President, Directors and Company of the Bank of Upper Canada, which said Act wa amended by the Act of the said Legislature passed in the second year of the Reign of King George the Fourth, and chaptered seven, and by the Act thereof passed in the second year of the 2 W. 4, c. 10. Reign of His late Majesty King William the Fourth, and chap tered ten; And whereas the said Acts were again amended by the Act of the Legislature of this Province passed in the session 4 & 5 V. c. 95. thereof held in the fourth and fifth years of Her Majesty's Reign, and chaptered ninety-five, and the charter and privileges of the said Corporation were confirmed and extended by the Act of the said Legislature passed in the sixth year of Her Majesty's Reign, and intituled, An Act to extend the charter of the Bank of Upper Canada, and to increase the Capital Stock thereof, which said Act hath since been amended and the privileges of the said Corporation have been further extended by the Act of the said Legislature passed in the ninth year of Her Majesty's Reign, and chaptered eighty-six, and by that of the said Legis lature passed in the session held in the thirteenth and fourteent years of Her Majesty's Reign, chaptered one hundred and thirty-seven, and the said Acts were further amended and an increase of the Capital Stock of the said Corporation was a thorized by the Act of the said Legislature passed in th 18 V. c. 39. eighteenth year of Her Majesty's Reign, chaptered thirty-nine. And whereas the said Corporation hath by its Petition prayed. that the provisions of the said several Acts may be consolidated with certain amendments and extensions of the powers and privileges thereby conferred, and it is expedient to grant the prayer of the said Petition: Therefore, Her Majesty, by and with the advice and consent of the Legislative Council ar Assembly of Canada, enacts as follows: 9 V. c. 86. 13 & 14 V. c. 137. Inconsistent provisions of the said Acts repealed. Corporation continued. Powers. I. So much of the Acts hereinbefore cited, or any of them, may be inconsistent with or repugnant to the provisions of the Act, or as makes any provision in any matter provided for this Act, other than such as is hereby made, shall be and› hereby repealed. II. The said Corporation of the Bank of Upper Canada shall, during the time this Act shall remain in force, co tinue to have all each and every of the rights, powers and authority |