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 instruments, 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 whomsoever 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, or of any person or persons, or of any body or bodies politic or corporate, except in so far as the same may be specially derogated 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 LIABILITIES. Promissory Notes in circulation not bearing interest..£ Bills and Notes in circulation bearing interest. Cash deposits, not bearing interest. Cash deposits, bearing interest. .£ £ £ £ Other Debts due to the Bank, not included under the foregoing heads..... £ Total average Assets......£ 30* CAP. Preamble. 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 was amended by the Act of the said Legislature passed in the second 2 G. 4, c. 7. 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 chaptered 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 Legislature passed in the session held in the thirteenth and fourteenth 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 authorized by the Act of the said Legislature passed in the 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 and Assembly of Canada, enacts as follows: 9 V. c. 86. 13 & 14 V. c. 137. 18 V. c. 39. Inconsistent I. So much of the Acts hereinbefore cited, or any of them, as Provisions of may be inconsistent with or repugnant to the provisions of this Act, or as makes any provision in any matter provided for by this Act, other than such as is hereby made, shall be and is hereby repealed. repealed. Corporation continued. Powers. II. The said Corporation of the Bank of Upper Canada shall, during the time this Act shall remain in force, continue to have all each and every of the rights, powers and authority authority in and by the Acts hereinbefore cited, or any of them, conferred upon or vested in it, subject always to the provisions of this Act; and shall continue to have perpetual succession and a common seal, with power to break, renew, change and alter the same at pleasure; and shall be capable of suing and being sued, pleading and being impleaded in all Courts of law and equity, and other places, in all manner of actions, causes and matters whatsoever; and for the convenient management of its business, but for no other purpose, shall and may purchase, acquire and hold real or immoveable estates and property, not Real estate exceeding the yearly value of five thousand pounds currency, and may sell, alienate and dispose of the same, and purchase, acquire and hold others in their stead, not exceeding in the whole the yearly value aforesaid. limited. Shares £12 III. The Capital Stock of the said Bank, (the words "the said Capital. Bank" meaning throughout this Act the Corporation aforesaid,) £1,000,000. shall be one million of pounds currency, divided into shares of 10s. each. twelve pounds ten shillings currency, or fifty dollars each; and As to shares so many of the said shares as may be unsubscribed for when now unsubthis Act shall come into force, may be subscribed for either scribed for. within or out of this Province, in such proportions or numbers and at such times and places, and under such regulations, and at such rate of premium, to be paid by the subscribers over and above the amount of the shares, as the Directors of the said Bank shall from time to time establish; and the shares so sub- Instalments. scribed for shall be paid in by such instalments, and at such times and places as the said Directors shall from time to time appoint, and executors, administrators and curators paying instalments upon shares of deceased shareholders, shall be and are hereby respectively indemnified for paying and are required to pay limited. the same Provided always, that no share shall be held Proviso: ten to be lawfully subscribed for, unless the premium (if any) able on subper cent. paywhich shall have been fixed by the Directors, and at least ten scribing. per centum on the amount of such share be paid at the time of subscribing: And provided also, that no part of the Capital Proviso: time Stock unsubscribed for at the time when this Act shall come for subscribing into force, shall be subscribed for after the end of six years" from that time; and the whole of the stock subscribed for shall be called in before the thirty-first day of December, one thousand eight hundred and sixty-one : And provided further, that Proviso: Bank it shall not be obligatory upon the said Bank to raise the full not bound to amount of the Capital Stock hereby allowed, but the number raise the full of shares to be thereafter subscribed for, may at any time be limited by a By-law of the said Bank, in such manner as the shareholders shall deem most advantageous for the interests of the Bank. capital. IV. If any person or party, subscribing for shares of the Ca- Subscribers pital Stock of the said Bank, shall also be willing to pay up at may pay in the time of subscribing the full amount of the shares subscribed full, &c. for, together with such premium thereon as aforesaid, it shall and As to premium. Forfeiture for of calls. and may be lawful for the Directors of the Bank, and at any time within the period herein before limited for subscribing for such Stock, to admit and receive such subscriptions and full payment, or payment of any number of instalments, together with such premium; and in every case, the premium so received on any Stock subscribed for, shall be carried to the account of the ordinary profits of the said Bank. V. If any Shareholder or Shareholders shall refuse or neglect non-payment to pay any instalment upon his, her or their shares of the said Capital Stock, at the time or times required by the Directors as aforesaid, such Shareholder or Shareholders shall incur a forfeiture to the use of the said Bank, of a sum of money equal to Sale of shares ten pounds per centum on the amount of such shares; and on which calls moreover, it shall be lawful for the Directors of the said Bank are not paid. (without any previous formality other than thirty days' public notice of their intention) to sell at public auction the said shares, or so many of the said shares as shall, after deducting the reasonable expenses of the sale, yield a sum of money sufficient to pay the unpaid instalments due on the remainder of the said shares and the amount of forfeitures incurred upon the whole; and the President, with the Vice-President or the Cashier of the said Bank, shall execute the transfer to the purchaser of the shares of Stock so sold, and such transfer being accepted, shall be as valid and effectual in law as if the same had been executed by the original holder or holders of the shares of Stock Proviso for thereby transferred: Provided always, that nothing in this feiture may be section contained shall be held to debar the Directors or shareholders, at a general meeting, from remitting either in whole or in part, and conditionally or unconditionally, any forfeiture incurred by the non-payment of any instalment as aforesaid. re-leased. Chief place of business. Branches. Ten Directors to be elected annually. VI. The chief place or seat of business of the said Bank, shall be in the City of Toronto, but it shall and may be lawful for the Directors of the Bank, to open and establish in other Cities, Towns and Places in this Province, Branches or Agencies or offices of discount and deposit of the said Bank, under such rules and regulations for the good and faithful management of the same, as to the said Directors shall from time to time seem meet, not being repugnant to any law of this Province, to this Act, or to the By-laws of the said Bank. VII. For the management of the affairs of the said Bank, there shall continue to be Ten Directors annually elected by the Shareholders of the Capital Stock thereof, at a general meeting of them to be held annually on the twenty-fifth day of June in each year, (except when that day shall be a Sunday or legal holiday, and then on the next day which shall not be a Sunday or legal holiday,) beginning in the month of June, in the year of our Lord one thousand eight hundred and fifty-seven; at which meeting the Shareholders shall vote according to the rule or scale of votes hereinafter established; and the Directors elected |