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Subscription and transfer

of shares and

payment of dividends in United Kingdom.

Authentica

mission of shares in

described 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.

32. Books of subscription may be opened, and shares of the capital stock of the bank may be made transferable, and the dividends accruing thereon may be made payable in the United Kingdom of Great Britain and Ireland, in like manner as such shares and dividends are respectively made transferable and payable at the bank in the City of Toronto; and to that end the directors may from time to time make such rules and regulations, and prescribe such forms, and appoint such agent or agents, as they may deem necessary.

33. If the interest in any share or shares in the said bank tion of trans- become transmitted in consequence of the death, or bankruptcy or insolvency of any shareholder, or in consequence of the certain cases. marriage of a female shareholder, or by any other lawful means than by a transfer according to the provisions of this Act, such transmission shall be authenticated by a declaration in writing as hereinafter mentioned, or in such other manner as the directors of the bank shall require; and every such declaration shall distinctly state the manner in which, and the party to whorn, such share shall have been transmitted, and shall be by such party made and signed; and every such declaration shall be by the party making and signing the same acknowledged before a judge of a court of record, or before the mayor, provost or chief magistrate of a city, town, borough or other place, or before a public notary where the same shall be made and signed; and every declaration so signed and acknowledged shall be left 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 registry of shareholders; and until such transmission shall have been 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, or to vote in respect of any such share or Proviso be shares; provided always, that every such declaration and fore whom de- instrument as by this and the following section of this Act is required, to perfect the transmission of a share or shares in the bank, which shall be made in any other country than 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 Vice-Consul, or other 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.

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claration may be made.

Proviso: as to further

proof.

34. If the transmission of any share of the said bank be by Transmission virtue of the marriage of a female shareholder, the declaration of shares by shall contain a copy of the register of such marriage, or other female sharemarriage of particulars of the celebration thereof, and shall declare the holder, or by identity of the wife with the holder of such share, and if the testamentary transmission have taken place by virtue of any testamentary intestacy. instrument, or by intestacy, the probate of the will, or any letters of administration, or act of 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 thereupon enter the name of the party entitled under such transmission in the register of shareholders.

instrument or

35. If the transmission of any share or shares of the capital Transmission stock of the said bank be by decease of any shareholder, the decease of production to the directors and the deposit with them of any shareholder. probate of the will of the deceased shareholder, or of letters of administration of his estate granted by any Court in this Province having power to grant such probate or letters of administration, or by any prerogative diocesan or peculiar court or authority in England, Wales, Ireland or any British Colony, of any testament testamentary or testament dative expede in Scotland, or if the deceased shareholder shall have died out of Her Majesty's dominions, the production to and deposit with the directors of any probate of his or her will, or letters of administration of his or her property, or other document of like import granted by any court or authority having the requisite power in such matters, shall be sufficient justification and authority to the directors for paying any dividend, or transferring, or authorizing the transfer of any share or shares, in pursuance of, and in conformity to such probate, letters of administration, or other such document as aforesaid.

see to the ex

36. The bank shall not be bound to see to the execution of Bank not to any trust whether expressed, implied, or constructive, to which be bound to any of the shares of its stock shall be subject; and the receipt ecution of any of the party in whose name any such share shall stand in the trust or the books of the bank, or if it stands in the name of more parties application of than one, the receipt of one of the parties shall be a sufficient any money. 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 had notice of such trust; and the bank shall not be bound to see to the application of the money paid upon such receipt.

invested in

37. It shall be the duty of the said bank to invest as One tenth of speedily as the debentures hereinafter mentioned can be pro- capital to be cured from the Receiver General, and to keep invested at all Provincial times in the Debentures of this Province, payable within the Debentures. same, or secured upon the Consolidated Loan Fund, one-tenth

part

Annual return to be

part of the whole paid up capital of the said bank, and to make a return of the numbers and amounts of such debentures

made on oath. verified by the oaths and signatures of the president and

Proviso.

Cap. 54 of Con. Stat. Canada to apply.

Search warrant for, and seizure and

destruction of,

counterfeit notes, &c., &c.

Embezzlement by Officer of

chief cashier, or manager of the said bank, to the Finance Minister of Canada, in the month of January in each year, under the penalty of the forfeiture of the charter of the 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 dollars shall have been invested in such debentures.

38. Chapter fifty-four of the Consolidated Statutes of Canada, intituled: An Act respecting incorporated Banks, save and except section three and the amendments thereto, shall extend to the said "The Royal Canadian Bank" and shall be read and taken to be, and form a part of the Charter of the said "The Royal Canadian Bank."

39. On complaint made on the oath of one credible witness to the effect that there is just cause to suspect that any person is or has been concerned in making or counterfeiting any bank notes or bills of the bank, any magistrate may, by warrant under his hand, cause the dwelling-house, room, workshop, out-house, or other building, yard, garden, or other place, where such person shall be suspected of carrying on such making or counterfeiting to be searched; and all such counterfeit bank bills, notes and such plates, dies, rolling-presses, tools, instruments, and materials used in, or apparently adapted to the making or counterfeiting of such bills or notes, as shall be found therein or thereon, shall forthwith be carried before the same or any other magistrate, who shall cause them to be returned and produced upon any prosecution in relation thereto, in any Court of Justice; and the same after being so produced in evidence, shall be defaced or destroyed, or otherwise disposed of at the discretion of the Court.

40. If the cashier, assistant cashier, manager, clerk or servant of the bank shall secrete, embezzle or abscond with any Bank to be a bond, obligation, bill obligatory, or of credit or other bill or felony. note, or any security for money, or any money or effects entrusted to him as such cashier, assistant cashier, manager, clerk or servant, whether the same belong to the said bank, or belong to any person or persons, body or bodies politic or corporate, or institution or institutions, and be lodged with the said bank, the said cashier, assistant cashier, manager, clerk or servant, so offending and being thereof convicted in due form of law shall be deemed guilty of felony.

Punishment

41. Any person guilty of felony under this Act shall be of such felony. punished by imprisonment at hard labor in the Provincial Penitentiary for any term not less than two years, or by imprisonment in any other gaol or place of confinement for any term less than two years in the discretion of the Court.

42. This Act shall remain in force until the first day of Duration of June, which will be in the year of Our Lord one thousand Act. eight hundred and seventy, and from that time until the end of the then next session of the Parliament of this Province.

43. This Act shall be deemed a public Act.

Public Act..

SCHEDULE A.

(Referred to in the foregoing Act.)

Return of the average amount of liabilities of "The Royal Canadian Bank " during the period from the first of one thousand eight hundred and

the said month.

LIABILITIES.

to the last day of

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....

Cash deposits not bearing interest.........

Cash deposits bearing interest.......

......

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Other debts due to the Bank, not included under the
foregoing heads

Total average assets...

CAP. LXXXV.

$

$

An Act to enlarge the powers of the Montreal and Champlain Railroad Company, to confirm a certain agreement entered into by the said Company, and to secure a permanent Railway City Station in Montreal.

[Assented to 30th June, 1864.]

WHEREAS the Montreal and Champlain Railroad Com- Preamble:

pany and the Grand Trunk Railway Company of Canada have entered into an agreement under the corporate seals of

the

real and

the respective companies bearing date the first of January, eighteen hundred and sixty-four, which, with certain modifications, hath been approved of by the shareholders at special general meetings of the said two companies; and whereas the arrangement entered into between the said two companies will be the means of securing a central permanent station, required by the increasing trade and population of the City of Montreal, and it is requisite, before the necessary buildings are erected thereon, that the said agreement should receive Legislative sanction; and whereas the said Montreal and Champlain Railroad Company, (hereinafter called the Montreal Company,) have by their petition prayed that Legislative sanction should be given to such agreement, 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 and Assembly of Canada, enacts as follows:

Agreement for 1. The said agreement is hereby legalized and confirmed; and lease of Mont- the Grand Trunk Railway Company of Canada, (hereinafter called the Grand Trunk Company,) shall be deemed to have had, Champlain Railroad to since the first day of January last, and shall hereafter, on the conGrand Trunk ditions and subject to the provisions hereinafter specified, have, Railway Co. for the period of twenty-one years, to be reckoned from the last legalized and confirmed. mentioned day, the possession, management, and control of all the lines of the Montreal Company, and of their franchises, cor. porate rights, rolling stock, steam ferry boats, plant, stores and tools, and of all materials belonging or appertaining to the said lines and company; and the Grand Trunk Company shall, during the aforesaid time, work and manage the traffic of the Montreal Company, shall fairly develop and promote the same, and shall have the employment and control of all the officers, employees, and servants engaged in working the said traffic:

Powers of

Grand Trunk
Railway Co.

Accounts to

be kept and

made by

2. The Grand Trunk Company shall keep correct accounts of the receipts and working expenses of the lines, as well of repairs to be the Montreal Company as of the Grand Trunk Company, and Grand Trunk of the expenditure of all kinds on both lines, necessary or inciRailway Co. dental to the proper development and working of the traffic on the same respectively, and shall keep and maintain, as part of the working expenses, and restore the permanent way, plant, rolling stock, steam ferry boats, stores and tools of the Montreal Company, in as good order and condition as the same now are, reasonable wear and tear excepted.

Division of profits be

tween the two Companies. Proviso.

3. After deducting working expenses, the net earnings of the two Compagnies shall be divided as follows: one-fifteenth to the Montreal Company, and fourteen-fifteenths to the Grand Trunk Company; provided always, that for each half of the years one thousand eight hundred and sixty-four, one thousand eight hundred and sixty-five, and one thousand eight hundred and sixty-six, such one-fifteenth shall not be less than, and the said Grand Trunk Company shall be bound to pay the sum

of

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