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Tous las autres axemplairea originaux sont filmte en commen^ant par la premiere page qui comporta una ampreinte d'impression ou d'illustration at an tarminant par la derniire page qui comporte une telle empreinte. Un dee symbolas suivants apparaitra sur la darniAre image de cheque microfiche, selon le caa: le symbole — ^ signifie "A SUiVRE", le symbols y signifie "FIN". Les cartes, planches, tableaux, etc., peuvent Atre filmia A dea taux de rMuction diff«rents. Lorsque le document est trop grand pour dtre reproduit m un seul clich«, il est fiimA d partir de I'angle supArieur gauche, de gauche A droite. et de haut en baa, en prenant le nombre d'images nAcessaira. Les diagrammes suivants illustrent la m^thoda. 1 2 3 4 5 6 ■r 7 f3'i //^. J' ROYA^L CHAHTER OT THK COMMERCIAL BANK ov ICEW BRUirSWICK. ^m'^xm$viUl, ARCHIBALD CAIIIPBEI.L. ,j*-i**. ■y- WILLIAM THE FOURTH, by the Grace of God, of the United Kingdom of Great Bri- tain and Ireland, KING, Defender of the Faith, &c. To aU to whom these Presents shall come — Greeting: Whereas the establishme it of a Bank' in the City of Saint John, in oui* Province of New- Brunswick, for the legitima e operations of bank- ing, to wit: advances upon Commercial paper or Government Securities, & .d general dealiigs inf"*'»>»>^ Money, Bills of Exchan ;e, and Bullion, upDn vf certain conditions, restri tions, and limitations, would conduce to the gen jral welfare and greatly lai%' K^ I ^ iMIiMManMBMt* v4ti9i£ics^9fe: .■••■-*%%»" promote the (A)iuiiK'ri'ia] interests oi'tlie said Pi'o- vinee: mikI Whereas humble appJieatioii hrtli been made to us by mauy of our loviiii^ subjects resi- ding in the City of Saint JoJm, in tJie said Pro- vince, Tliat We would be pleased to grant our KoYAL (JuARTER for the establishing a Bank in the said City, and for Incorporating the Members therecjf for the purposes aforesaid ;— Now Know IE, 1 hat He, ha vmg taken the premises into our Itoyal consideration, and duly weighing the utili- ty and importance of such an establishment, and being desirous of complying with the reasonable request and humble petition of our said loviuff subjects HAVE, of our especial grace, certain knowledge, and mere motion, ordained and grant- ed and IJO, by these Presents, for C s, our Heirs and Successors, ordain and grant, That there shall be established in the City of Saint John in • our said Province of i\ew-Brunswick, a Bank tor the legitimate operations of Banking, to wit- advances upon Commercial paper, or Government Securities, and general dealings in Money, Bills of J^xchange, and Bullion, and to continue for and during the term of Twexty-one Years from the N..o« .f Peraon, ,^^ ""^ ^^^^^^ PrcsGuts. Aud we do hereby de- lh7irrt?..T£Y'''T ^^^^ S^^f^* tii^».t Jolm M. Wllmot, Danielh- s:;?„iur;,to'A?''- '' )^";'J'.'^^'^'^^ ^^r'' ^'^^'^^ "^^''^- of the Commercial ward, HaiTison G. Kinnear, Moses II Perlev Kwiol" ''''"- Edward L. Jarvis, William Jarvis, David HaV field, John Wisluvit, IVancis A. Kinnear, and John Hammond, all of the (ity of Saint John their Associates, Successors, and Assigns Be and they are hereby declared to be, a Body Politic and Corporate, by the name and under the title • ol ''The President, Directors, and Company of the ComnwrcialBankafNeiu-Brunswiek;' and as such KeutJlXS:^^^!^ ^^^6 continuance and succession for and during the term of Twenty-One Years from the date M. A\ Kerr 4^ Jarv: Kiun succc '''Tht Conn said al)le, take, here( wise thin< gran same perf( the s bene and and Com wid and i)e i Cou whc suit ni-al mai pal bei unl Dii of; tos Gri a said Pi'o- i"tli been ects resi- said Pro- rant our Bank in Meml^ers w Know i into our the utili- lent, and [isonable 1 loving certain id grant- ar Heirs it there John, in 1 Bank, , to IV it: irnment , Bills of for and 'oni the eby de- Daniel-'" Wood- Perlev, d Hat- ir, and i John, Be, and Politic ie title • I of the IS such )r and m the f Nh- date of these Presents; and them tlie said John M. Wilinot, Daniel Ansley, Charles A\ ard, John Kerr, Isaac AVoodward, Harrison G. kiimear, Moses H. Perley, Edward L. Jaryis W ilham Jarvis David Hatfield, John Wishart, \ rancis A. Kinnear, and John Hammond, their associates, successors, and assigns, l)y the said name ot ''The Prrshieiif, Directors, and Company oj the Commercial Bank of New-Brunswick, tor the said term of Twenty-One Years, shall be persons able, and in Law cai)able, to have, get, receive, take i)ossess and enjoy lands, houses, tenements, hereditaments, and rents, in fee simple or other- wise; and also goods and chattels, and all other thimrs, real, personal, or mixed: And also to grant, bargain, sell, let, transfer, or assign the same or any part or parcel thereof, and to do, perform and execute all other things,in and about the same, as tliey shall think necessary tor the beneiit and advantage of the said Corporation; and also thai they shall be by the said style and name of - The President, Directors and Comvanii of the Commercial Bank of Aew-Bruns^ wickr persons able and capable in Law to suec«p»^^J,e-ueand and l)e sued, plead and be impleaded answer and i)e answered unto, defend and be defended m the Courts i Law and Equity, or any place or places whatsoever, in all, and all manner of actions suits, complaints, demands, pleas, causes, and nmtters whatsover, in as full, large, and ample a manner as any person or persons are m Law ca- pable of sueing and being sued, pleading and being impleaded, answering and being answered unto! And also that they the said President, Directors, and Company of the Coinmercial Bank of New-Brunswick, shall have one Common Seal,^i"£- ^-- to serve for the ensealing of all and singular their Grants, Deeds, Conveyances, Contracts, Boncls, 'I Articles of AffreeiDpnf i • and Warrants of ITtomey^f 'f T"*'' P°^«". the,r affairs touching "nd cont •''"'^ ''"«"'«; Corporation: And alio thot « "J!"^ ''"^ ^'"^ sident, Directors and n '"'-''' *''« s^''l Pre- Partofthom,Sf?omfe»^;.'"' "^e majoT ""■V......B, *"nes during the continn, ^" ''"'"' ^'^'^ 'it ill H"»:r£ f"'.' Po-er '«n.l :uS^5\",r,^f "l'^ Charter.have |"»S '.'; K^'*''? '-""l establish such I a«Tl/ ' '"l."'''''^' or- "-»"•«••■ Ordinances as inivho ,i„ ,' ^^'•=»''iti()ns and good l^le andlV::niTt1nr'''7 '"' *e t'on: Provided that such Law p" '*,''' ^'"P"''^- Ordmances be not cont, ,rti. ' ^^'S-'lafons, and the Laws and Statutes of &?' '^Pugnantto Kingdom of Great R,.;f • ' P"''' °f the United England.orrepugnamo fcont?" ^'""^^' '^^^^ i^s,riieitsti'?r''T^"-"*^.^or gwnt, that the CapiteSpfi ^'"' •"••^''i''n. and J;»"'"4"'" ''"J"' ^''n^stTcu.Tent r^tr'*^ ^^°'-P«'-a- ««-«... Coins of the said ProviS L 'b ""'^ Silver the amount of O.ve Hrrv ° ^^'^^"nswick, to SAND PouvDs nf (^ ■"t'»">RED AND Fifty Timr t,»- «' «3 vince, the^Ue amS'T^^ "^ *« ""^^^r": of TvraNTY-PivE pZn "'^^'^Med into Shares -«:3riJ| whole Six Thousar»^l%? ^'"'^' '"'^Wng in the r';jdis -'">'' Capital stock to bTs!;/'"' ^?°'« '"""""t of FVo-5««>ty. at the leS paw n hpf^'^f"-' ^''''one "™»- of the sa d Bank shnli i„ ' "^''"'e the business of the said Clplta Sk'Zr • T^ '' *''« S for within Twelve MonfL r ".",' he subscribed and the moiety thereof^ •/''°"' *•■« date hereof from the datel re,^^at"P ol*'?]? ^""^ ^^'^^ these Presents shauCnuti°v:if'-°f^hi<=h W. And we doato by the^ Presents, for its, Powers, "fi singular ^S the said said Pre- the major and at aJJ i:ii'ter,have . make, or- tions, and '7 for the ' Corpora- tions, and ! ugnant to , ie United j ^h called 1 ^ Laws or ■ unswick. J 5ents, for \ ain, and 'orpora- 1 Silver ^^^ick, to ^ Tiiou- id Pro- Shares in the 3nnt of nd one isiness whole bribed ereoi; y^ears rhich s,for Tho PrcMclcnt, DU rictiirs, and Com* piiiiy iiu'y CFtab» .isU BraucbBaukf. Us our Heirs, and Successors, further will, or- dain,and grant, that the Duties and Enj^ag^nuentsT..^ ^.--j; of the Company, upon Bon.ls, IV()miss()ry TvoiTS,n;.t.,^>.eoa_^^ Bills, or otherwise, shall at no tiiuo exccn^d tn> bloc.,.,..^.....^^ the amount of the Capital aotua ly paid ii)) on ^^^^ u.....^..^>. Slid Subscriptions, with the additum ot sucii mr- n,, ,„„„unt «£ d«>- thcr sum as may be equivalent or equal ti) theP-"-^^^ y^^^ amount of Specie and G.)VL'rnmont Notes or 1 ills, lodged in the said Establishment of the Bank by depositors. Fourth. And we do also by these Presents, for Us our Heirs, and Successors, will, ordain and grant that the said President, Directors, and Com- pany, shall and may have power and authority to establish one or more Branch or Branches of the said Bank, at any other place or places within the said Province of New-Brunswick, as they shall from time to time deem expedient, not thereby increasing or altering in any manner the Capital of the said Bank hereby established; such Branch or Branches so to be established to be at all times taken and considered as part and parcel of the said Bank hereby established; and for whose act- ings, doings and engagements and issues otPa- "ver they the said President, Directors and Com- pany so establishing the same, to be taken, held and considered at all times answerable and re- sponsible to all parties concerned or interested in the same; and all such and every Note or Notes issued by any such Branch estabhshment, shall be dated at the place of such issue, and the Notes so dated and issued sha I be payable in Specie on demand, as ^^11/^the place of da^^ and issue, as also at the said Principal Establish- ment of the Bank in the said City of Saint John but no Branch establishment shall be liable to be called upon for the payment of the Notes or Kdtes iwuod by Uiunch Uonki to be timed al plact (it jy^ue And til be payabl* in Siicuie on do* uiiinil as well at tlie pliiCB of doto anil i3^uu uh ut tho piinoipal Bank. But ni> branch to bu called on for piiyiuent of tho Ni>teB ii^roed by the l'nnci|i8l Bank or any other liranoh. If .nr ...,.„.,„, grant, that if uiiv ^ii>iM,.n • ^ '"' "''''•"" and inforval, within PP«ai\'/^J.* ■ , , "^ "'"^ 101' SlXt V (I'l I'w c-i..* ■,w™. year, ,;;"'-'''"*'■■':■ 'II' sixtv days at iiitiTv, , •. •'■ ' ' null iiiK void and tlu. 7 1, , ', "' '« "ttor v ^vholly for/eito, "^ce>^i ''.'"■"r '''■'•^■''>' •'-"■'"tod ^ the Subscribe" ' and '"".;'?/';.*''" "'""■'i*y "f /persons interested and ti,„ , V'l'"I''"i.v to all tlie collection a ml m ie < ■ 7','':'^ ''"'"■^■'•^ for meat of account' 'SZ :;','?? """ ""•'■"^'- ' real or personal, bolonS ti, Ih. ■', l":"!"'''*/- tion. '""=i'ig to the said Corpora- UsS- h:^"' ::A^'' "^y «-- l'--nts, for tetta,- grant, tlnUalh,Z^e>tvlSe;. "'■'/' ?f'^" ""^ r.r.i,2 -4"are or shares, i. the Ca^td s ''. ','''''^1 "^""^ «..c.p.^ ».„.,. Bank, shall be u,d rti.i n l' n' ", ^'''^ **'''id R (ft t '-esponsible to all n ,r " 1 T'ersonally liable and •^ "■^' Body Politic , Co or^t7 /'"'''l'" "'' ^'"■""^^' Company may be3,f« i ' '^ "'""" "'^ said A-ote, Contract, .|^"enS Tn.f"^ ^"'^' ^«"' ever, to the extent nf J 1',.,°*'"^''"''^^ howso- «hare or interest he shet't'" '"""""* "^ ">« the said Capital Stnr.'1-f'.i ' "^^ "^^y '"'ve in further. ^ ^^"^^ "^ ^''e said Bank, and no --WJ. And we do also by these pr^seafe, or bv any i 'I'csciits, for '>i''(i>in nnd lit in s}}ooic ^siie of the ' station 01* directed, days sue- i'itliin the ' '"I'esonts, -s Iieroby ><^' utterly ' granted ibiiity of iy to all )wei's for d adjust- >r()])ej'ty, ^-'orpora- puts, for :dii and •s of any tiie said ble and Persons, !ie said "d, J3ill, IlOAVSO- : of the ave in md no { Jsejits^ (iomimiiv, shall not citlioriit tlicl niiciiMl li.inK,,,,.„,^.„.. ■ mw e security of thc.r said Shares. j?-j,/7. \nrl we do also by these Presents, hvlull. Ana ^^C IIU cll»w . y ^,.,1.,;^ Uo amount of Pa- fnv l^ our Heirs, an( bneeessors, \\\\\, oui.iin ,,,i.countcdon onrl oi-iiit that the aiuouut ot papei (Uscounica ,,^.^^.^^^,„„,of. •it the said Bank, or any ot the sai( .iMantn^^^y „„,ear «..» Sinks on ^vllieh the name or names ot anv i--— JUrS rcctor'or Directors, or Otiicer or Otheers ot ^^^Zir"*- Bank slu.ll appear as Drawer or Drawers, Ac- ^Jlx Acceptors, Endorser or Endorsers, slial not exceed one-tliird part of the whole discounts of the Establishment. Ninth. And we do also by thes(3 Presents for TT* our Heirs and Successors, will, ordain and cnnt that the Funds of the said Bank, or any^.a^-B^S mrt thereof, shall not be employed in Loans or,.u...-.a..n. a vances on Land or Kcal Estate or other Pro- ..IZ ,i,if readilv available to meet its engage- perty noi ic.iuny '''"" . „ • , j. rij^pntors No..imiiiu.com. 4-,pnts- neither shall the said President, Direotois, „„y|,„u ,.„i and Company hold any such Property beyond r^v-r",-.- what may be required for the purposes of neces-ju,„a ... ,..™. sary Buildings and accommodations for the Bank, »--*«-- and Branch Banks' Establishment, not exceeding!,.... ; „*i,„,. tl„. Slim of Kine Thousand Pounds, altogethei the sum oi ximt- , „„„„„,.,,,„| ;nNorih.nu»co.. Now Brunswick Currency, nor be couceiiittt in ^^ „„„ tavins and selling the same, nor in Trade nor -5-".' -; ^n buying or selling Merchandise further than....^- ■.«,- nay be requisite for realizing the proceeds of any ,,.« .,«. Lands, Property, or Goods, taken in satisfaction ^^^_^^_,^_,^,^. •of Debt; but its transactions are to be conhned.,,,, ^.. ...»,. wholly to what are understood to oe the legm-.„.fB^.o.,. : i Tfftir B Bi'iS'-' i riT^il i '. 1^ mate operations of Banking,— ^o wit, advancet upon Conimerciiil Paper or Government Securi- ties, and general dealings in Money, Bills of Ex- change, or Bullion. Tenth And we do also by these Presents, for K«., n ,. K ' '^"^' "^;^'^S and Successors, will, ordain, and ;^dirr:.ur!p''^ tl^'^t tlio SMid President, Directors and pi>up.ofit. ( onipuny, slial! not make, or cause to be made any Dividend to the Sliarcholdcrs out of any other iuiiids tlian the surplus proht accruino; jicriodi. cally I'om the transacticuis of the uusiness of the said liank, and not from the Capital Stock of th. said Jjank, or the Estate belonging thereto. Eleventh And we do further by these Presents, lor L s, our Ileirs, imd Successors, will, ordain and K„7ci"Sf/"^"t, that the said President, Directors and rri5%^f.::4^: ^^,«\»^P^^n}'. niay issue and circulate Bills and JlrrvJl^i^^^f' '^^fT?' '""^ "^'^'^^ *'^^^' ^^^^' Pi^yinent respec- tively, of the sums foUowing, to wit, One Pound of Current Money of the Province of New Bruns- wick; Two Pounds of like Current Money Five Pounds of like Current Money; and any number of Pounds over Five Pounds of like Current Money: Provided always, that no Bill or Not<3 ' But not for„„,r'., '"'''^'^' T' f''^^'^ ^'^ ^^'"^ ^^^^ Companv I'p'r," r'un*; *. "^^ payment of any sum consisting wholly jom^bet^rcen vi^} ^ ydvt ol tlic fractioiuil poi'tlou of a Pound of like Current Money, or for auy sum between 1 wo Pounds and Five Pounds of like Current Money, and that all Bills or Notes made or is sued by the said Company, shall be liable to the btamp Duties as auy other Bills or Notes may become subject to by Law within our said Pro- vince. TmJfJi, And we do also by these Presents for ts, our Heirs, and Successors, will, ordain,' ing idvancet t Securi- Is of Ex- jcnts, for lin, and Drs, and ►c made, I ly other periodi- 5S of the 'kofth. ?to. resents, lain and rs, and lis and respec- Pound Bruns- i\ Five lumber current r Note ■" mpany wholly )und of 3tween 'iirrent 5 or is- to the 3 may 1 Pro- ;sents, rdain, \ find grant, tlint tlio said Prosfdont, I)ii'C'Ctors. J_;;^«';'_j'»;'«°;^^ and Compnnv, shall cause to l»e proi)ar(Ml and PiffJ ""J, "«-"«»' recorded in tiK; liooks tone kept hy the said H'o """k, under E.sta])lishmont, a Weekly nahiiice Sheet or State- *'"'^''*'"'"^* nient exliihitin^; a true and correct account of the Liabilities and Assets of the Bank of every descrij)tion, at the close of each week, under tlu^ foHowing heads, viz. — Bills and Notes in circu- lation not bearing Interest; Bills and Notes in circuhition l^earing Interest; I5alanees due to V other Jianks; Casli deposited with the Bank, iii- \ . eluding all sums due from tlie Bank, not l)caring Interest, (its Bills in circulation and Balances due to other Banks excepted;) Cash deposited bearing Interest; Tof il amount due from the Bank; The Gold, Silver, and other coined ^fctals in the Banking House; Peal Estate of tlie Bank; Bills of otlu!r Banks; Balances due from other Banks; Amount of all debts due to the Bank, including Notes, Bills of Exchange, and all Stock Hair yeany ab.- and Funded Debts of every description, except- rfom' tho^'wSy ing the Balances due from other Banks; Total ''^'*""'''''^"'*'"' amount of the resoui'ces of the Bank; — and from these weekly statements shall cause to l)c pre- l)ared immediately after tlie close of each half •-%;^-^y^ar, a general A]:>stract, shewing the average amount of the Liabilities and Assets of the Bank, under the speciiied heads, for such half yearly period; to which average al)stract shall be sub- joined a statement of Capital Stock paid up at the close of the half year, of the rate and amount of the last Dividend that may have been declared to the Shareholders, and the amount of the re-c^pios of ^hioh served Profits at the time oi declaring such F'l- f^'V*' lc TafatTj vidend, copies of which half vearly statements, councn/fnV iho signed by the President or presiding Director biy, verified on for the time being, and by the chief Cashier or anJ'pubuZrili' Clerk of the Bank, shall be laid before ourj",;;^.'"'""'"'' B 10 •if Governor, liieiitenant Governor, or Person ad- ministering iic Government ofonr said Province for the time Lein.2:, and before our Legislative Council, and tlie House of Assembly of our said Province, r.nd tliat the said President or presiding Dn-eetor as tlie case may be, and cliief Caslner or Clerv, shall vevlfy t]ie same on oath, if required so to do by our Governo;-, Lieutenant Governor, or Person administering tlie Government for the time bemg, or by our said Legislative Council, or the sai^l .Flonse of Assembly of our said Pro- vince. And that the President, Directors and Company, shall also cause the said halfyearlv statement fortlnvitb, after rendering the same, to be piiblishec^ in one or more of the Gazettes or JSewspapers published ajid circulating in the Province. Tldrteciith. ind we do further, will, ordain, and direct, that the said President, Directors, re- or poiDctho Kcekiy^ ".''"'" ^''^^^^i^^^tui iiig xi\Q (ioveinmeiit of the SrntSrL"!^^''^ Province, exhibit to him, or to such person ««nto or persons as he shall appolut for the purpose as confidential documents, the weekly balanci. sheets, upon which such -ast half yearly state- ments may iiave been founded, or for any subse- quent or current period. FouHeen€>. And we do also by these Presents for us. our Heirs, and Successors, will, ordain! a^^Sai^^^P^^^' t^-^tso soon as the said Capital or .^gtrUS:|^^^'\ ^^f. ^I\^, Hundred and Fifty Thousand . Pounds sliall have been subscribed, a General Meeting of the said Stoclvholders shall take place, by notice in one or more of the public news- papers thirty days previous to the dav of " ' I uay 01 Meet- ing Wi Ke Mo Jar A. the Sto the estf Pc^ affa cess Thi ers, unt rect mai nev sha] bin| oth( mer ^T^for and oftl rati( day coni pro'\ Ban evei by £ said sonj; Thii "^Sfev V v{.. '■ *erson ad- I Province legislative f our said presiding f Casiiier f required jrovernor, lit for tlie Council, said Pro- ctors and ilf yearly- lie same, Gazettes tig in the , ordain, )irectors, t the re- ernor, or t of the Ii person purpose^ balance. \y state- ly siibse- *resents, ordain, pital or iiousand General :e place, c news- )f Meet- X 11 ing, signed by direction of the said John M. AVilmot, Daniel Ansley, Charles Ward, John Kerr, Isaac Woodward, Harrison G. Kinnear, Moses n. Perley, Edward L. Jarvis, William Jarvis, David Hatfield, John Wishart, Francis A. Kinncfir, and John Hammond, or such of them as shall become Subsciibers to tlie Capital Stock of the said Company, or the major part of them, for the purpose of making, ordaining, andfr„.Sf47y: establishing such Bye Laws, Ordinances and pr'ihi^'in'' dT Kcgulo lions for tlie good management of the'^'"'- affairs of the said Bank as shall be deemed ne- cessary; and also for the purpose of choosing Thirteen Directors, being su])scnbing Stockhold- ers, which Directors so then chosen shall continue until the first Annual MectiLg for choice of Di- rectors, and shall have po .ver and authority to manage the concerns of the said Bank, subject nevertheless to such Rules and Regulations as shall have been established by the said subscri- bing Stockholders at the said Meeting, and such other Rules and Directions as are hereinafter mentioned. .,. Fifteenlk And we do also by +hese Presents, for Us, our Heirs, an^. Successors, will, ordain, and grant, that there shall be a General Meeting ^^^^^^ ^^^^^ of the Stockholders and Members of the Corpo- of^t^^ stockho?* ration, to be annually hoiden on tlie First Tues- annuMi5\n'^S day in May in ea-h and every year during thew^.'^'"'^*^ " continuance of this Charter, at the place to be provided for transacting the business of the said Bank, in the City of Saint John, and that at every such Annual Meeting there shall be chosen by a majority of the Votes of Stockholders of the said Bank there present, and voting either per- sonally or by proxy as hereinafter mentioned, Thirteen Directors, who shall continue in office I 12 ■Thirteen Directors f/-ii» i^,-.« "xr^ i m ,, io bo then chosen, 1^1 ^'Hc 1 caT, 01' iiiitil otliGrs ai'G choseii intlioir Sat'SeoV?„^IPlaco; and that in the choice of such Directors choose out of their the Stoolc holf lovQ v:h receive any salary or emolmnent for his services,^'''' " "'^''^' but that the Stockholders, or the major part of ^ut stockhoidoM them, may make such compensation to the Pre- Sile o^ompenSa sident as to them shall appear reasonable. *° ''*^ ''""''"'' MnefcenfJi. And we do also by these Presents, for Us, our Heirs, and Successors, will, ordain, and grant, that no person shall be eligible as Director unless such person is a Stockholder, and holding not less than Twenty Shares of the Capi- tal Stock of the Bank; and that every Cashier and Clerk of the Corporation, before he enters upon the duties of his Office, shall gixii Bonds ,^ith two or more Sureties to be approved of by the said President and Directors — that is to say, r three 3rson so annual Dse Pre- rs, will, Lole sum Founds Moiety the said ^Iven in iblished ►irectors he said 3ank to 3h shall business 15 Lhall be taken and considered as the acceptance 'of this Charter by the said President, Directors, and Company. Provided always, that unless the j^ ^^^^^^^ g^^^^ whole Capital Stock of One Hundred and Fifty -t^-bscnbed^f. Thousand Pounds be subscribed for withm twelve Mo^th«,^ and ^th. Months from the date hereof, and the said Moiety paui^u^p^ ..uhm be duly paid in within Two Years from the date tor to be void, hereof, then, in default in either case, these Pre- sents shall cease, determine, and be utterly null and void to all intents and purposes. Twentij-2Urd. And we do also by these Pre- sents for Us, our Heirs, and Successors, will, ordain, and grant, that the Shares subscribed io^^^l^^: '' •^- and taken in the Capital Stock of the said Bank, shall be assignable and transferable according to the Rules and Regulations that may be estab- lished in tliat behalf, but that no such assign- ment shall be valid and effectual unless such Regulations shall be in all respects complied But not untu the with nor unless such person so making the same ^^^^ have^°dh- shall previously discharge all debts actually due J;;ffti,*»,t;or! and payable to the said Corporation; and that^tion. in no case shall any fractional part of a share org^^^^^^,^^^^^^, shares be assignable or transferable; and also rj^P-sib^e^to d^^^^^^ -tot all and every purchaser of any share or their stook^ .nj shares shall from the time of his, her, or their umo^of^theirhoid- becoming such purchaser, and during his, her, or '"^ their holding the same, be held to be and be per- sonally responsible to all and every person and persons. Body Politic and Corporate, to wdiom the said Company may be indebted upon any Bond, Bill, Kote, Contract, Agreement, or otherwise howsoever, to tlie extent of double the amount of the share or shares so purchased or held by guch shareholder. Tumfy-Fourtk And we do also by these Pre- 16 The CorpoTatlon not to 'leal in any- thing except ad- vances on Cora- meroial Pa per, and Government Socii- ritios, and genor il dealings inMoncy, Bills of Exchange and Bullion, sents, for Us, onr Heirs, and Successors, will or- dain, and declare, that the President, Directors, ; id Company, shall not directly, nor indirectly deal in anything excepting in advances on Com- mercinl Paper or Government Securities, and general dealings in Money, Bills of Exchange, and Bullion, and such like legitimate objects of Banking. Twenty-Fiflli. And we do also by these Pre- sents, for Us, our Heirs, and Successors, will, or- co%''ro'" uo?t: c^'^in. and grant, that the Joint Stock or Property JaTstt^rs^parato-of thc Said Corporatiou shall alone in the first sffiowerf, SP^'^^® ^® responsible for the debts and engage- 5,«yj;^^^°J^"^t inents of the said" Corporation, and that no credi- pomtion shall not tor, or pcrsou or persons, having any demand paymS S its agalust tlic sald Corporation for or on'account of *^'^''" any dealings with the said Corporatiou, shall have recourse against the separate property of any Stockholder, or against his, her, or their person or persons, except in case of deficiency, or the joint stock of the said Corporation shall fall short of, or not be equal to the payment of any debt, due, or demanded against the same. Propeny Tth^Then, aud in such case, the Goods and Chattels, S7a¥enby"viSLancl« aud Tcuemeuts of each Stockholder shall^ Tsmrd'aSTZa^^d may be taken aud seized,' respectively, to Sion! *to ^the satisfy such debt or demand, to the extent of tbe'lmointotthS^^^^^^^ ^^® aniouut of tlic stock, share or interest respectiTO "inter' of sucli stocklioklcr iu tlic Joiut Stoclv of the said Corporatiou, aud that such double amount, or so much as may be necessary to satisfy the demand or demands made, shall aud may be levied upon and seized uuder the same process which may be issued out of any Court, uuder aud by virtue of which, any of the Joint Stock or property of the said CorDoration mav at the time be seized levied upon, or taken any thing on the face of 17 'S, will of- Directors, indirectly s on Com- ities, and Exchange, objects of liese Pre- 3, will, or- Propeity L the first i engage- ; no credi- ■ demand Lccount of ion, shall Dperty of or tiieir eflciency, ion shall ^ment of he same. Chattels, der shall^ tivcly, to extent of r interest r the said Lint, or so demand ied upon lich may )y virtue )perty of e seized, 3 face of u. Lny bond, bank bill, bank note, or other instru- lent issued by the said President, Directors, and :;ompany, to the contrary in any wise notwith- j^tanding. J Twenty-Sixth. And we do also by these Pre- sents for Us, our Heirs, and Successors, wdl, or- ' dain,' and grant, that the total amount of the ^ debts which the said Corporation shall at any ' time owe, whether, by bond, bill, note, or other contract whatever, shall not exceed thrice, the amount of the Capital Stock actually in posses- sion or belonging to the said Corporation, with the addition of such further sum as may be equivalent or equal to the amount of specie and government notes, or bills lodged in the said es- tablishment of the Bank by Depositors; and m case of any excess, the Directors under whose administration the same shall happen, shall be personally liable and responsible for such excess, in their natural and private capacities, m addi- tion to the lands, tenements, goods and chattels of the said Corporation, and the personal respon- sibility of the Stockholders to twice the amount 0f their respective shares as aforesaid. Twenty-Seventh. And we do also by these Pre- sents, for Us, our Heirs, and Successors, will or- dain, and grant, that the said President, Directors ^^^_^ and Company, shall make half yearly dividends ceua of the profits of the said Bank, payable at such [time and place as they shall direct, of which they shall give thirty days previoas notice ni f^^ii^^; |one or more of the public newspapers published |in .the Province. Twenty-E'ujhth. And we do also by these Pre- sents, for Us, our Heirs, and Successors, will, or- IJobts iliie ly 4'ie Corporation not to esoeed treble tbo amount of Capital actually paiil iu, and auoh further sum as may bo equal to tbe a- mount of Deposits. In caso of excesi>, Direotora to be liable. yi-irly Mvi- lu be iuuil«. 18 dain, and grant, that the books, papers, and JJS'I^C'.S^'^??^ ^^ *^® Corporation shall at all times be £n?f ttVDr'^" •'®^* *^ *^® inspection of the President and tor^ ""Directors, but no Stockholder, not being a Di- rector, shall have liberty to inspect the account of any individual with the Bank. Twenty-Ninth. And we do also by these Pre- sents, for Us, our Heirs, and Successors, will, or- dain, and grant, that the bills or notes to be is- S'.?gn:'bjp;:.?^^^^^ \ *^^ ^^^^ President, Directors and Com- d«ntandca,hier.pany, shall bc signed by the President for the time being, and countersigned and attested by the Cashier, and shall be printed and made from copper or steel engraved plates. TMHieth. And we do also by these Presents, for Us, our Heirs, and Successors, will, ordain, and grant, that the said Corporation shall be Ji; ^'^'^SXn*^ liable to pay to any hmafide holder the original .'-ounKfXStf '^'^'^?* ^^ ^"^^ ^^*® ^^ *l^e ^aieing a Di- lie account these Pre- rs, will, or- 3S to be is- and Com- nt for the ttested by Qiade from ! Presents, 11, ordain, I shall be le original hich shall course of nthstand- hese Pi'e- sors, will, -nd Direc- he Stock- y in May \> and par- Debts due mount of t of gold uch debts 3tful, and ich state- dent and \ 19 Directors, and attested by the Cashier; but the rendering of such statement shall not give any right to Stockholders, not being Directors, to in- spect the account of any individual or individ- uals with the Bank. Thirty-Second. And we do also by these Pre- sents, for Us, our Heirs, and Successors, will, or- dain, and grant, that any number of Stockhold- Fortystookhoidw ers, not less than Forty, who together shall beo?°li/'fiSi proprietors of Six Hundred Shares, shall have ??";/' to*°caiJ7 power at any time, by themselves or their proxies, oXcom^J::""* to call a General Meeting of the Stockholders, to be held in the City of Saint John, for any purpose relating to the business of the Corpora- tion, giving at least thirty days previous notice in two of the public newspapers published in the Province, specifying the time and particular place of such Meeting, and the objects thereof; and the said President and Directors, or any seven of them, shall have the like power. Thirty-Third. And we do also by these Pre- sents, for Us, our Heirs, and Successors, will, or- dain, and grant, that non-compliance by the said n o n-eompiUM* r - President, Directors, and Company, with all and Jio'Ji.t^S; ^'d«. any of the Provisions and Eequirements herein ffto^fi Slii before specified, and limited, and directed, shall ;;"fj^,*;°2i\niiri be taken and considered as a Forfeiture of this ^tw.""" present Charter; f,nd the same shall from the time of such Forfeiture be utterly null and void in all things, save as to the liability of the said Corporation, and the said Stockholders to all persons interested, and the requisite powers to the President and Directors for the collection and payment of Debts and final adjustment of the accounts, and disposal of the Property, real and personal, belonging to the said Corporation. 20 Thhiij-Fourth. And wc do furtlier will, ordain, At Ihe expiration itijij- tji i^ . . ' oi this Charter or and (lircct, tluit nnnicdiatcly on tlie expiration «*^'iuTion°°o7 tho of tlie said Term of Twenty-One Years, to wliieli t^orfoukeSltlicse onr Letters Patent' are limited, or other ioTauXcot sooner Dissolution of the said Company, the Di- corns of the same. Rectors for thc tiuic Lelng shall proeeed to take effectual measures for closing all the concerns of the said Com])any, by calling in and paying off all I^otes or Bills which may liavc been issued by the Company, and discharging all other Debts due therefrom, collecting all debts due and dis- posing of the property belonging to the said Company, and dividing the Capital, Profits, and Proceeds remaining, among the Stockholders, in proportion to their respective interests. Thirty-Fifth. And we do also by these Pre- sents, for Us, our Heirs, and Successors, will, ordain, and grant, that these our Letters Patent, or the enrolment or exemplification thereof, shall and may be good and firm, valid, sufficient, and effectual in Law, according to the true intent and meaning of the same, and shall be taken, considered and adjudged, in the most favourable and beneficial sense, for the best advantage of the said President, Directors, and Company of the said Commercial Bank of New-Brunswick, as well in our Courts of Record as elsewhere, and by all and singular. Judges, Justices, Offi- cers, Ministers, and other subjects whatsoever of Us, our Heirs, or Successors, any misrecital, nonrecital, omission, imperfection, defect, matter, cause or thing wTiatsoever to the contrary thereof in any wise notwithstanding. These Letters Pa- tent, or tho enrol- ment or exemplifi- cation thereof to foe sufficient in all Courts of Record, and eIseTrhere,and to be taken in the most farorahle stnie for the Com' pany. > N* ill, ordain, 3xpi ration , to which ,^r other .y, the Di- ll to take oncerns of )iiying off en issued her Debts e and dis^ the said mtits, and lolders, in liese Pre- fers, will, rs Patent, reof, shall 3ient, and ne intent be taken, ivourable antage of npany of L'unswick, Isewhere, ices, Offi- hatsoever Liisrecital, !t, matter, ry thereof I L. S. 21 |n dtsiimonn 22l|crtof, We have caused these our Letters to be nuide Patent, and the Great Seal of our said Pro- vince of IS^ew-Brunswick to be here- unto affixed. Witness, our trusty and well beloved Sir Archibald CAMrBELL, Baronet, G. C. B., our Lieutenant Governor and Command- er in Chief of our said Province, at Fredericton, the sixteenth day of August, in the Year of Our Lord, One Thousand Eight Hundred and Thirty-Four, and in the Fifth Year of Our Keign. By His Excellenct(s Command. (Signed.) WILLIAM F. ODELL. Registered the 18th day of August, 1834, (Signed) WM. F. ODELL, Reg'r. PRINTED BY CHUBB ^ CO.j PRINCE WILLIAM STREET, SAINT JOHN, N. B. BY-LAWS or THE ClOMMERCIAL BANK OF NEW BRUNSWICK. Article I. At all meetings of the Stocl'' «"cl' proxy or attS shall be IicMto produce his orisinal autliority anddoS hesamowih the Casluer; and no Stockholder sliauTe ntitled to g,ve more tlmn twenty votes as proxy for any other Stockholder or Stockholders; and that no person sliall be entitled to vote at any General Meeting upon a Proxy, „n ess the same shall have been filed w"th "ho Cash.ei- at least Ton days before the day of voting. Art. XI. Ko person shall be eligible as a Director- of Bank ;n"v™'K «^°l-l"°>»^y fee f Director of any other Jiank in JNew Brunswick. ' Art. XII. Ko credit shall be given on any pretence whatever to any person who may at the time be^a deUn! quent debtor at the Bank, whether the delinquency be on aper discounted or left for collection, as drawer, aeoepto" promissor or endorser. ' ''^^''i"'"'» Art. XIII. The following shall be the forms of certifi cates and transfers of stock of the Bank, viz: There slml be dehvered to each Stockholder on the payment of the yesiS!'"'"*' *' fo"owinVcertificate,^sfgned by the Commercial Bank of NeiD Brunswick, ^Established by Royal Charter, lit Dnectors and Company of the Commercial Bank of ew Brunswick, I certify that is holder of idB^n^^v .7 ^ ^«P^^ of tlie Capital Stock of the jid iianlv oemg the first instalment on Shares 'the said stock, and that the whole or any part thereot ^mif hv h-^^ *'' '""'^ '^'^ 't «- Ba^^' esaitl by his appearance there in person, or by his H.i;?~^^*\^^ ^i^,^^«« of death, or by his sufficient ^^-.a.^ .hcruio lawfully authorised and there producine: ■r"' J r this certificate. Given under my hand at the Bank afore- said, this day of ^•^,,,,,,. When one moiety of the Capital Stock shall Imye been Daid in, a Certificate in the following form, signed by the President and sealed with the seal of the Corporation, shall be delivered to each Stockholder on his giving up the former Certificates: „ , . ^. d • /. Commercial Bank of New-Brunsioick, Established by Royal Charter^ ^ £ on behalf of the President, Directors and Company of the Commercial Bank of New Brunswick, I certify that ^fH. iw is holder of Pounds, being fifty pei cent on the amount of Shares in the Capital Stock of the said Bank; and that the whole or any number ot the said shares are transferable by the said only at the Bank aforesaid, by his appearance there m person, or by his legal representative m case of his death 01 by iiis suflicient attorney thereto lawfully authorised and there producing this Certificate. Given under my hand and the Seal of the Corporation this day ot in the Year of our Lord one thousand eight hundred and . ^^^^.^^^^ L^' ^J FORM OF TRANSrER- Commercial Bank of New Brunswick, Established by Royal Charter, ^ ' £ For value re- of Shares in the Capital Stock of the Commercial Bank of New Brunswick subject to the hxws and regulations of the said Bank. Witness my hand at the Bank aforesaid this -,^^^^,7 . i . i .,,,1 in the Year of our Lord on thousand eight hundred and a ♦5 ^ "^hiess Cashic'i \ X \ .V- afore- dent. e been by the 1, ishall ip the of the il Bank fty per il Stock iber of here in 5 death, ;horised der my day of loiisand ndent. ter, rahie re- ds being al Stock ct to the Qiy hand h'ed and I have received a Certificate No. above transfer •according to the a ♦5 Am XIV The Capital Stock of the Bank shall be paid in at"t mes and in such instalments as the Board of Tlii^ctovs may from time to time order and direct, they Kl inroare to give at least thirty days notice of the pay- ment of eLch instalment: provided always, that one moiety Th^ cSal Stock be piid in witWn tw. yea., fi^m ^^^^^ (late of the Royal Charter pursuant to die teims tlieieoi. Art XV In case any subscriber or holder of stock «haU f'lil to pay any Instalment due on his subscription t fifteen days after the time prescribed for payment and the charges attending sucli sale. Abt XVI. The Board of Directors shall have full power «nd authority to make suchTSTes and regulations for the Cnagement of the concerns of the Bank, and the Govern- iWanT direction of the several officers thereof not m- Ziistent w th tiie Royal Charter and the Bye Laws and SS of the Sto^=kholder., as they shall from tune to time think fit and necessary. Art XVII The President and Directors shall have TOwer at all times to establish forms of powers of Attorney foiieceiving dividends, and for the sale and transfer of stoJkwarrants of transfer, and such fornis of stock cerifi- cates and of transfer, as may from time to time be found necessary. !»■«•>■ 6* ,9*^ - * Art. XYIII. That a Book shall be kept containing a List of all the Stockliolders, and the number of shares held by each; to l^e open for the inspection of the Stockholders during the hours of business at the Bank, fourteen days previous to the general election of Directors, and that any Stockholder can take a copy from the said Book. 4a„A X i X , :