^w? M^ i-i^ ^^*v E CURRENCY AND H EMBANKING THE t<« THE CURRENCY AND THE BANKING LAW OF THE DOMINION OF CANADA CONSIDERED WITH REFERENCE TO CURRENCY REFORM IN THE UNITED STATES WILLIAM C. CORNWELL , ^i>. iV'' ■y G. P. PUTNAM'S SONS ^^^^' ^•*"^»^ LONDON .7 WEST TVVENTV.TH.HU STMW »* HEt KOKU ™«T, STKANU f ht linithtrbochir Prrii -tlMii Copyright, i3o4 BV WILLIAM C. CORNWELL tfcc Tfmtchcrbcckcr pvccf, t{i\v Uotk O. P. PifTNAM's Sons If NOTE. "-THE substance of the matter included under the head of 1 the -Canadian Banking System-Its Growth and Present Operation " in the following pages was embodied in an address delivered at the American Bankers' Convention New Orleans, on November 12, ,89,. The situation in the United States, then portrayed, still continues, except that the repeal of the purchase clause has since been accom- plished. The forecast of danger, made at that time, was realized during ,893. The attention of the whole country IS now centred upon the struggle for currency reform. The Banking Act of Canada is given entire in the second part of the book. The clauses and sections of especial interest, in view of reforms proposed, are printed in heavy.faced type. )U CONTENTS. PAGE The Canadian Banking System-Its Growth and Operations Conditions in the United States before Repeal of the Silver-Purchase Clause American Experience with Bank Notes Growth of the Canadian System Canadian Bank Act of To-Day Branch Banking . Security . Elasticity . . 3 4 6 II 21 The Banking Act of the Dominion of Canada, 1891 . ' .0 Application of Act ^ ••••♦, » - Incorporation and Organization of Banks Internal Regulations . ♦ . Capital Stock . . Shares and Calls . - Transfer and Transmission of Shares Annual Statement and Inspection Dividends . ^ ^ Reserves , -^ Note Issue . Business and Powers of the Bank 1 Returns hy the Bank * Insolvency . . . * * * • • • • • . 74 If 31 33 36 41 43 45 VI CONTENTS. Offences and Penalties . PvBLic Notices Dominion Government Cheques COxMMENCEMENT OF ACT AND RiiPEAL Schedules . . , Memoranda . . . PAGE 77 78 78 78 79 85 '* THE CANADIAN BANKING SYSTEM-ITS GROWTH AND PRESENT OPERATION. THE CANADIAN BANKING SYSTEM— ITS GROWTH AND PRESENT OPERATION. INTRODUCTION, WRITTEN IN IS91-CONDITIONS IN THE UNITED STATES BEFORE REPEAL OF THE SILVER-PURCHASE CLAUSE. THIS country is practically at sea on the currency ques- tion. We are pounding along like a great ship on the ocean, with the engines at their utmost, politics at the wheel, iornorant of our bearino^s, and liable at any ^„^ „.k,„. «-> o • THE PANIC moment to collision and disaster ; for, what with predicted. an unpliable, inelastic circulating medium, much of it base in value and ground out mechanically and without scientific control, at the rate of four and a half millions per month, no one can say what the outcome will be. At such times wise men t^lance abroad and backward to get, if possible, some light upon the dark waters from the past and present experiences of other nations, looking for I desire in this paper to call the attention of such men to the experiences of our sister nation, Canada, on the grounds that, while being nearest to us geographi- cally and physically, her conditions are the most closely allied to our own of any community that we know of. 4 THE CURRENCY AND THE Canada has, for many years, existed under a banking law which, with additions and improvements from time to CANADA'S time, has given her a circulating medium fully ADEQUATE 4.* 11 «.U * 4. f BANKING meetmg all the requirements oi every season, both as to elasticity and safety, and to-day, with the improvement brought about by the amended law going into effect last July, she has, I believe, for her needs, the most perfect currency system of any nation in the world, except, perhaps, that of Scotland, after whose system her's is closely mv.delled. In fact, the Canadian partakes, in its character, of the sterling qualities of the Scotch system, just as the Canadians themselves possess many of the admirable characteristics of that grand people from whom they are largely descended or made up. AMEriCAN EXPKRIENCn: WITH r.ANK NOTES. Before entering upon the subject proper, it may be well to refer to the period of bank-note issues in the United States previous to the inauguration of our A PREIUDICE. . , 1 1- f 1 • national system, as the disasters oi that time and the wild and (!xciting incidents attending the progress, explosions, and final suppression of the State-bank issues seem t(^ have i)lanted a prejudice in the; mintls of Americans against any kind of individual bank issues without dis- crimination, notwithstanding that in several of the States the business was ccmducted with the utmost honor and com- BANKIXG LA W OF CANADA. 5 plete success. I may say that the prejudice was planted even farther back in the history of America by the burnt- child experience with the old Continental notes which were a dead loss to the enormous amount at that time of $196,000,000. This was along- in the latter part of the last century. Just before the final collapse, a desperate effort was made to hold up the currency, but notwithstanding- all that the Government, aided by the leading men of that period, could do, a dozen eggs sold for $5000 in Continental paper money, and a silk hat of the period, which continental would be worth about $7.00, cost $140,000 in Continental currencv The word was burned into the language, and then, as now, utter worthlessness of a thing was conveyed by the expression, " it is not worth a con- tinental." To many of you, the older members of this association, the fiery destruction of the State Bank-note era. in the South and West, the Wild-Cat period, as It is . WILD-CAT. called, is still vivid. Those were times when the contents of a man's pocket-book would slowly burn to ashes through the failure of a dozen banks of issue in an hour, or, when the farther one went from home, the greater became tlu! discount on the notes he carried with him, par- ented, as they were, by i)anks of no reputation beyond the town lin«' where they liapp(;ned to In.' situated. Even in those uncertain days the humor of the American 6 THE CURRENCY AXD THE gave rise to that venerable story of the man who had started NO BILLS ^^ ^ journey, and after he had proceeded about AT ALL. three miles, heard that a bank near by had failed. He ran all the way home to see if he had any bills on that bank, and when he got there found that he had n't any bills on that bank, or on any other bank. This was the time of the " Red Dog" bills, as they were called. Banks w^ould locate temporarily In a place and Issue bills. Then, when they had exhausted the re- RED DOG. sources of that community, would move over- niurteously communicated for consideration. Some of these were con- dangerous sidered so objectionable that we felt constrained proposals. to oppose them, not only in your interest, but in the public interest. wm THE CURRENCY AND THE '* The proposal tc compel the holding of a fixed reserve of money in pro[ ^rtion to their liabilities was demurred to FIXED RE- by a large majority. It was pointed out that to SERVE insist upon the banks keepino- locked up in their UNWISE. r / 11 ^- C \ C 11 sates at all tunes any nxed sum or money would interfere with the rights Ci creditors, to meet whose demands all the banker's cash is held. It was show^n that such a measure had never been tried in practice except in the United States, and that there, when banks attempted to keep the law, violent fluctuations in the rate of interest ensued. And, further, that circumstances occurred nearly every year that compelled them to disregard the law altogrether. " The proposal was withdrawn. . . . " Durintr the procrress of the bill throuofh the House a POLITICAL remarkable absence of political feeling was mani- FEELiNG fest. Members of both parties o^^ve themselves BURIED • • to the work of considering how to make the act as nearly perfect a^ possible." I refer fully to these matters to show how differently financial legislation is conducted in Canada. It does seem TRUE MKTH- as tliougli this idea of legislation was the proper ODS OF LAW MAKING. one — that is, to call in for advisement, when a subject is under consideration, the very highest authorities on that subject — in other words, the men whose experience, day by day for years, and whose thorough training entitles them to speak for this or that industry or profession. How different, perhaps, in the United States would be the condi- tion of our own currency, if during past years the leading financiers and economists of the nation had had a prevailing voice in the matter. BAl.'KING LAW OF CANADA. ii CANADIAN BANK ACT OF TO-DAY. I come now to the Canadian Bank Act as it stands. It is a comprehensive piece of legislation, containing over one hundred clauses. Under its provisions, the the bank act 11. r /^ 1 • • . 1 • OF TO-DAY, bankmg or Canada is gomg on to-day m an even, effective manner, and the full requirements of business in the way of currency are met. I shall mention only the lead- ing features, some of which have already been referred to. F"irst of all, banks of issue, the joint stock banks, and these are the only ones of which we are treating (there are, of course, in Canada, private banks and savin^^s ^ ^ CAPITAL. banks), must obtain their charters from Parlia- ment, and must have a subscribed capital of $500,000, with at least $250,000 paid up. The shareholders in these banks are doubly liable. That is, they can be called upon, in case of failure and double y r ' t ^ • 1 T^- 1 .. 1 ^ LIABILITY. dehcit, tor an amount in addition, equal to what they have already invested in the shares fully paid up. No dividend is allowed which will impair the capital of the bank, and no dividend higher than 8 per rj^stricted cent, per annum, until a surplus or rest has been dividends. built up of at least 30 per cent. Monthly statements giving full particulars are to be fur- nished to the Government, anel these are pubhshed in the daily papers, and, I need not say, scrutinized J ^ ^ ^ STATEMENTS. with much intelligence and interest by share- holders, depositors, and Canadian business men generally. ULJ^-4 J-J ms THE CURRENCY AND THE An annual statement is furnished, with full details of profit and loss, to the yearly meeting of shareholders, and at these meetings the general manager usually delivers an address, and there is a common interchange of views. In the interest of the Government, and in order to keep the Dominion notes in use, 40 per cent, of the reserve held by DOMINION the banks is required to be so held in Dominion notes ; and any bank making a payment up to $100 must, if so requested, pay in Dominion notes. (No torn or defaced noles of any kind, either Govenmicnt or bank, are allowed to be paid Old. ^ There are wise restrictions as to loans on real estate, etc., and regulations as to boards of directors. A bank has prior lien on warehouse merchandise, and on stocks and bonds, etc., and is given other privileges. Employees are PENSION not forgotten, authority being given to establish guarantee and pension funds out of the bank's holdings, for faithful servants. Examinations are not conducted by the Government, but under the branch system each bank has its Inspector General, who is a man of marked ability and skill, a thor- ough banker by education, advanced from the lowest round, a man who ranks next to the General Manager, and fully EXAMiNA- competent to take the latter's place. With ex- aminations conducted by such men, the Canadian bank shareholders and depositors may well feel assured. I fear our National and State bank examinations would suffer by comparison. BANKiNG LA IF OF CANADA. 13 And now we come to the important provisions regarding note issues. The amount of notes to be issued must never exceed the amount of unimpaired paid-up capital. note issues. \ They are a first Hen upon the assets of the bank, taking precedence even of Government claims. The double liability of stockholders is a last resort to the bank itself in case all the other assets are not sufficient to pay the note holders. But a new and additional security for notes was intro- duced in 1890, known as " The Bank Circulation Redemp- tion Fund." This fund is made up of a contri- ^ ■ c r 1 111 1 SECURITY. bution of five per cent, by each bank on the amount of its own notes in circulation for the twelve months previous to July first of each year (adjusted annually). The fund is deposited with the Government (which allows upon it to the banks three per cent, per annum in- terest), and is for the special purpose of redeeming the notes of any suspended bank. In case of suspension, notes of the suspended bank begin at once to draw interest at six per cent, until redeemed bv the receiver of the failed bank. If not re- suspended ' .... , NOTES DRAW deemed m two months in this way, the notes, interest. with interest, are paid out of the redemption fund, which is reimbursed by the failed bank as soon as possible. In case of depletion of the fund it is to be made up again by con- tributions yearly of one per cent, of its past year's circula- tion by each bank. This interest bearing quality after ■i $4 THE CURRENCY AND THE suspension, imparts an investment value to the notes of broken banks, as, being absolutely secure, they v/ouid be eagerly cashed by banks desiring to earn the six per cent. Such notes might bear a premium, but they could not possi- bly fall to a discount. There is no tax upon circulation. Each bank is required to appoint agencies for the re- demption of its notes in the principal cities of Canada, REDEMPTION coverlug all territory from one end of the Do- agencies. . . . - T-1 • 1 -11 mmion to the other. 1 his does away with the old condition which forced notes of far-off banks to a dis- count, making the currency National — a brilliant quality of our own national bank notes, imparted, however, in a dif- ferent manner. I have thus briefly enumerated the main features of this admirable system of banking and note Issues. In order to fully appreciate its workings It must be understood that the branch system Is a very necessary part of its operations, and that the notes of all the banks are sent in and redeemed daily, like checks. The branch system of banking has received little atten- tion in the United States. Its effective operation in Canada BRANCH is worthy of attention. And the conditions are so similar to our own that the study becomes an important one. The great advantages of the system are now universally recognized among the people. BANKING LA W OF CANADA. 15 ** There was a time In Canada, about tv^enty years ago," says Mr. B. E. Walker, General Manager of the Canadian Bank of Commerce, '* when some people thought that in every town a bank, no matter how small, provided it had no branches and had its owners resident in the ,^^ r^^r^,^,^^ ITS GROWTH. neighborhood, was a greater help to the town than the branch of a large and powerful bank. In those days, perhaps, the great banks were too autocratic, and had not been taught by competition to respect fully the wants of each community. If this feeling ever existed to any ex- tent, it has passed away. I do not know any country in the world so well supplied with banking facilities as Canada. The branch system not only enables every town of one thou- sand or twelve hundred people to have a joint stock bank, but to have a bank with a power behind it generally twenty to fiity times greater than a small bank would have." It is true that here is an element of dancrer — the dano^er of more credit to a small community than it can stand, and consequent ruin. Rare wisdom and firmness, ^ ^ ^ DANGERS. and especially thorough training in the profes- sion, are required to counteract this danger. But so convinced of the superior value of the branch system are the Canadians, that there are only seven banks which have no branches. The other 38 control about 400 bank offices. These great banks cf Canada each, with from ten to fifty branches, gather up the money lying idle in one locality and transmit it automatically to another locality . ,' . , ADVANTAGES. which has enterprise enough to use it. It must be admitted that this is what the banks in our own country 1 6 THE CURRENCY AND THE do not do. There is no systematic distribution of money here. The consequence is that rates of interest may be four to six percent, in the extreme East, and twelve to twenty per cent, in the West. This is not so in Canada. From one end of their broad domain to the other, from Quebec, Montreal, Toronto, Halifax to far Manitoba, the extreme variation in rates is not over two per cent. On this part of the subject Mr. Walker says : "In Canada we see the deposits of the saving classes applied directly to the country's new enterprises in a man- ner nearly perfect. The Bank of Montreal borrows money from depositors at Halifax and many points in the Maritime Provinces, where the savings largely exceed the new enter- prises, and it lends money in Vancouver or in the North- west, where the new enterprises far exceed the people's ^,c^r,.,.-,. «., savings. In what other country is such a splen- DISTRIBUTION, ^ ^ *■ ' did development of banking to be seen as that involved in transferring the idle money of tlie Atlantic towns and cities to the new centres of enterprise on the Pacific. My own bank in the same manner gathers deposits in the quiet, unenterprising parts of Ontario, and lends the money in the enterprising localities, the whole result being that thirty-eight business centres, in no case having an exact equilibrium of deposits and loans, are able to balance the excess or deficiency of capital, economizing every dollar, the depositor obtaining a large rate of interest, antl the borrower obtaininix money at a lower rate; than LOW RATES. 1 . 7 4.1 1 • f r- *. IJ •. • borrowers in any ot the colonies oi Cireat lintain, and a lower rate than in the United States, except in the very great cities in the East. " In Canada capital marchcts automatically across the con- tinent to find the borrower, and the extra interest obtained '** BANKING LAW OF CANADA. 17 scarcely pays the loss of time it would take to send it so far, were the machinery not so perfect." In this way the interests of one part of the community are interwoven with those of another far away. The bank fulfils its proper function of carefully conserving the credit of the whole country and distributing it to the most worthy in the most economical manner possible. The national ^ CHARACTER interests of the bank are not local, but wide- imparted. spread. Its character becomes essentially and truly National. The system resembles a great centralizing reservoir, con- densing the moisture from the vast areas where it exists in redundant (quantities and dispersing it gently like summer rain over the arid plains. This is the fulfilment of one of the great fundamental ideas of modern banking. What was begun to be done away back in the seventeenth century by the goldsmiths of London is perfected in the branch system of hanking in Canada to-day. We come now in our investih f . ^ 1 USEFULNESS $1,500,000 to $2,000,000 ot our notes to keep ofthenote the tills of all the branch offices filled with cash, issues at the BRANCHPS This has the advantage of costing; no interest, and, inasmuch as it does not represent a liability of the bank until actually issued, it does not show in our published statements. If it were a specially secured currency, we would at the moment appear as having issued about the $4,000,000 we are entitled to under law, and as holding $1,500,000 to $2,000,000 of this same money in cash in our tills." SECURITY. I desire now to dwell for a moment, and in conclusion, upon the two most important featun.'S of any currency, namely: tlu; features of Security and of Klas- twoimpor- TANT FKAT» ticity ; and to see how far and how perfectly ures. they exist in the Canadian system. Wc^ have found tiiat for security the Canadian bank note has, first, the entire amount of the assets of the bank ; second, the double liability of tlu! stockholder; and, third, the I'ank Circulation Rt;demption 20 THE CURRENCY AND THE Fund. This redemption fund will average something be- tween a million and a half and two million dollars. It is sufficient to say that in no failure which Canada SECURITY. "* has ever had under the present system, would one dollar of this fund have been touched. In a letter to me on this subject, Mr. George Hague whites : " The provision making notes a preferential claim against all assets came into force some years ago, and it has ]3roved itself capable of standing the strongest strain that has been put upon it. The test of a measure like this is, of course, to be found when a bank which has been ex- ceptionally badly managed stops payment. Now, we have had three instances of the kind during the last AND TESTS. ^^'^ years. In each of these there had been the most scandalous mismanagement conceiva- ble, with not a little of the element of fraud. Yet, in every instance, the notes had been redeemed in full. The only loss being the holding of them for a shorter or longer time. In two instances the not(is were redeemed within one or two months. In the other instance, which was by far the worst of the three, a longer delay took place. "In amending the Bank Act recently, the banks volun- tarily proposed, in order to meet any possible objection, and to make assurance doubly sure, to provide* a safety fund to be contributed to by all the banks and held l/y the Govern- t,t.-r.t.,u,oT-,r,K, nient, to apply to the redemption of notes. The RLDLMPTION r i i i • r • i i FUND NOT greater part oi the banknig fraternity considered NECESSARY, tliis entirely unnecessary. That is my own view. But we were willing to go as far as possible, to meet any possible! objection to the continuance of our circulation on its present basis." •j? BANKING LA \V OF CANADA. 21 And going back into the other security — the Assets ; on the 30th of September of this year, when the latest returns of the Canadian Chartered Banks was published, the latter had assets with the double liability added of $334,384,438 to take care of $34,083,051 circulation, which means an average of $9.80 for every dollar of ^ startling circulation, or taking the case of the lowest fact. individual percentage, of assets to circulation, $5.00 back of every one dollar in notes. Let this be written in laro^e letters : EVERY DOLLAR IN CANADLAN BANK NOTES HAS OVER NINE DOLLARS (on the average) IN SECURITY BACK OF IT TO MAKE IT GOOD. And yet along the border, two or three years ago, an over-zealous revenue origan ization succeeded in twistin*/ the ten per cent, penalty of the National Bank Act against these same Canadian notes, ^ivin^ a meaning to the law which it has been conclusively proved it never was intended to have by the broad and intelligent framers of that act, practically banishing the Canadian bills from the useful position which they had occupied as furnishing a convenient and absolutely saf(^ medium of exchange at the border between two friendly nations. Kl. A STIC I TV. I think we have thoroughly settled the question of SECURITY. But let a currency hv. ever so secure, if it does not meet the requirements of trade, if it has no elasticity, 22 THE CURRENCY AND THE it is a comparatively dead factor. That, unfortunately, is the NATIONAL condition to-day of our own national bank cur- A WAR rency. Its issue was a war measure, adopted MEASURE. r ^v c \ ' r^ ^1 tor the purpose ot placing Government loans, which were badly needed, and paid for at high interest. It did certainly once for all wipe out the wide-spread evil of the wild-cat issue ; but it was a war measure, born out of the smoke of battle, and birth-marked by the abnormal pressure of the times. It fought well, it did its duty grandly, but what wonder that when the smoke cleared away and the piping times of peace came again and we looked at it with calm, deliberate eye, it turned out to be a dwarfed and twisted creature, unfit for any work but that of war, and shrinkinoj- away into uselessness in the SHRINKAGE, ^ c-* j sunlierht of the eternal fitness of things. The national bank currency was absolutely secure. It was profit- able to the banks with Government bonds at a high rate of interest. But it had no elasticity. Its tendency, because of the great profit in it, and because the country was off the specie payment basis, and there was no pressure to redeem, was towards inflation, and a limit had to be put upon it. Then came the decrease in Government interest rates, and currency issue became unprofitable. Shrinkage followed. From the highest point of $360,000,000, towards which it ranged, it has shrunken down now in the last ten years to $120,000,000, and l(;ft a great gap which has, in turn, opened the way to a great danger. BANKING LA W OF CANADA. 23 How has the great gap left by the shrinkage of the National Currency in the last ten years from $360,000,000 to $120,000,000 been filled ? How has this great shrinkage been met when the currency requirement*^ of trade have yearly been growing greater ? Not by bringing HOW MET. to bear upon the question the greatest wisdom and skill of trained financiers, not with a deliberate con- sideration of how to promote the best interests of commerce on a scientific basis. It has been met by Politics and not by Science. It has been met with an eye to thepoliti votes and the spoils and much indifference as to^^^^^^'^J"^ *■ SILVER what miorht be the (jreatest ixood to the orreatest miner. number. It has been met by the Silver Miner, who has hoisted his pickaxe upon his shoulder and marched to Wan^Mugton with a great and uproarious following of rag- money shouters and currency doctors and misguided western farmers, and many honest people besides, who, knowing that the country needed currency, and with half-formed ideas of bi-metallism, have with the others and altogether between them plunged the country ^' in the last few years into a wretched slough of silver — a morass of three hundred and fifty millions of tokens worth seventy-five cents on the dollar ; and they are still clamor- ing for free coinage, and after that they will want free money. And so nobody claims that the National Bank currency possesses or ever did possess the feature of elasticity. It A palpable fference. 24 THE CURRENCY AND THE was an expedient, brilliant, but not intended to be scientific, hastening towards inflation at one time, excited by a relish for profit, and only controlled by an arbitrary act of Con- gress, and then, with the profit struck out of it. it shrank away steadily without any reference to trade requirements at all. We have left a splendid organization under efficient con- trol, ready for a NEW SYSTEM. On the other hand, let us turn to our calm friends, the Canadians, and see how the test of ela' ticity is met by their note-issues. The scientific basis of elasticity is ELASTICITY. this : There nmst be some inducement or force for issue zvhich ivill operate zvhen trade requires the bank notes, and ceasing to operate ijhen the trade requirement ceases^ will extinguish the notes. In the Canadian system the inducing force is the profit on notes issued, and the extinguishing power is the desire of each bank to float its own issues. Here let me once more refer to Mr. Walker's arcrument for a concise statement of the conditions in his country. He says : ** In Canada, bank notes are secured by a first lien upon the entire assets in the bank, including the double liability, the security being general and not special, not by the deposit of Government bonds, for instance. Therefore, it is clear that it will always pay Canadian banks to issue currency when trade demands it. Because bank notes in Canada are issued against the general estate of the bank, they are sub- ject to daily, actual redemption ; and no bank dares to issue EBB AND notes without reference to its power to redeem, FLOW. anv more than a solvent nuTchant dares to orive promissory notes without reference to his ability to pay. BANKING LA W OF CANADA. 25 The presentation for actual redemption of every note not required for purposes of trade, is assured by the fact that every bank seeks, by the activity of its own business, to keep out its own notes and, therefore, sends back daily for redemption the notes of all other banks. This great feature in our system is generally overlooked, but it is daily because of this daily actual redemption that we redemption. have never had any serious inflation of our currency, if indeed there ever has been any inflation at all. Trade, of course, becomes inflated, and the currency will follow trade, but that is a very different thing from the existence in a country of a great volume of paper money not required by trade. . . . In Canada it is not enouo^h that the volume of currency should rise and fall from year to year ; it must also, for about eight months in each year, keep at a mini- mum (excluding the legal tenders) of about $30,000,000, and for about two months of the remaining four sudden reach $36,000,000 or $37,000,000, a sudden ^^I-^^^^^JJ^^j^^^Jq vance of 20 per cent., followed after a few weeks be met. by as sudden a decline." And quoting again from Mr. Hague's letter on the sub- ject of whether in Canada the currency is always sufficient to care for the Autumnal Drain, he writes : ** With regard to the matter of our Canadian circulation, experience has proven that the feature of elasticity is com- pletely provided for and that our currency during past years has shown itself capable of expansion sufficient for the largest demands that could be made upon it. The capital of some of the banks is so large that they have never circu- lated to anything near the amount that they were authorized by law. The reserve of circulation power in the banks unitedly is, therefore, considerably in excess of any demand made upon it. For example : 26 THE CURRENCY AND THE The total capital of the banks is $60,740,000 The highest circulation ever reached was .... 38,000,000 The highest expansion during any fall season was . . . 7,000,000 So you will see it has never been necessary to issue more than about 60 per cent, of the amount of bank notes author- THE AUTUMN ized by law. Panics for fear of stringency are SQUEEZE. thus unknown. The Canadians never know what it is to go through an American money-squeeze in the autumn. So much for the feature of ELASTICITY. I have endeavored to show how scientific, how com- pletely filling all the requirements of the community in which it exists and flourishes, is the Canadian bank and note system, and now, naturally, you ask me whether I advocate the adoption of this system in the United States. I have simply to say in reply that I am not here to advocate any system. Every thinkinp- banker who has paid any CONCLUSION. ^ ^ . attention to the subject, knows that our present system of currency is inadequate, and our condition in this regard very unsatisfactory, uncomfortable, and I think I may say dangerous. I believe it to be a time for reconstruction, not by politicians, but by the most skilled economic wisdom which we can call to our aid. In such a time, a deliberate consideration of the better systems in operation should do some good. I think I have shown that such a system, and one of the best in the world, is in successful operation very near us, under conditions very nearly resembling our own, BANKING LA W OF CANADA. 27 its arteries stretching over a vast country and carrying the life blood of commerce to hamlet and town and metropolis, building up worthy enterprises, and furthering and sustain- ing a healthy prosperity among the sturdy people of our sister nation, Canada. THE BANKING ACT OF THE DOMINION OP CANADA, 1891. 29 THE BANKING ACT OF THE DOMINION OF CANADA. 1 891. 53 VICTORIA. CHAP. 31. An Act respecting Banks and Banking. [Asscfitcd to 1 6th May, iSgo.'] TT ER Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows : SHORT TITLE. SHORT TITLE. L This Act may be cited as ** T/ic Bank Act.'' INTERPRETATION. iNTERPRETA- ^- ^'"^ ^^^'^ ^^^'^' luiless the context otherwise re- TioN. quires, — {a.) The expression " the bank " means any bank to which this ''thkb\nk;' Actai)plies; (/'.) The expression "Treasury l^oard " means the board pro- "TREASURY vidcd for by section nine of chapter twcnty-eight of BOARD." ti^^. Kt^vi^cd Statutes of Canada, or any Act in amend- ment thereof or substitution tlierefor ; 3u BANKING LAW OF CANADA. 31 'WAREHOUSE RECEIPT." (^.) The expression " goods, wares and merchandise " includes, in addition to the things usually understood thereby, tim- "goods, ber, deals, boards, stav^es, saw-logs and other lumber, merckan- petroleum, crude oil, and all agricultural produce and dise." other articles of commerce ; (<:/.) The expression " warehouse receipt " means any receipt given by any person for any goods, wares, or merchandise, in his actual, visible and continued possession, as bailee thereof, in good faith, and not as of his own property, and includes receipts given by any person who is the owner or keeper of a harbor, cove, pond, wharf, yard, warehouse, shed, storehouse or other place for the storage of goods, wares or merchandise, for goods, wares and merchandise delivered to him as bailee and actually in the place, or in one or more of the places owned or kept by him, whether such person is engaged in other business or not ; (<-.) The expression "bill of lading" includes all receipts for goods, wares or merchandise, accompanied by an undertaking to transport the same from the place where they were received to some other place, whether by land or water, or partly by land and partly b\' water, and by any mode of carriage whatever ; (/.) The word ** manufacturer " includes maltsters, distillers, brewers, refiners and i)roducers of petroleum, tanners, curers, packers, canners of meat, pork, fish, fruit or vegetables, and any manufac person who produces by hand, art, pnu'ess or mechani- turer. cal means any goods, wares or merchandise. Al'l'LICATION OF ACT. 3. The provisions of this Act apply to the several banks enu- merated in Schedule A to this Act, and to every bank incorporated after the first day of January, in the year one thousand ei«^ht hundred and ninety, whether this Act is spe- t«»what cially mentioned m its Act of incorporation or not, but aim'Lies. not to any other bank, except as hereinafter specially provided. "DILL OF lad- ing." i 32 THE CURRENCY AND THE 4. The charters or Acts of incorporation, and any Acts in amend- ment thereof, of the several banks enumerated in Schedule A to this Act are continued in force, so far as regards the incor- CHARTERSCON.pQj.^l-;Qj-j .^,^j Corporate name, the amount of capital TINUKl) TO iST JULY, 1901. stock, the amount of each share of such stock and the chief place of business of each bank, until the first day of July, in the year one thousand nine hundred and one, subject to the right of each bank to increase or reduce its capital stock in the manner hereinafter provided ; and as to all other par- DADi-iriM KM^ ticulars this All shall form and be the charter of each PART ICL LARS. of the said banks until the said first day of July, in the year one thousand nine hundred and one, — subject in the case of Lei Bancpie du Peuple to the provisions liereinafter made in respect to that bank : Provided always, that the said charters FORFEITURE ^^ ^\cts of incorporation are hereby continued in force only in so far as they, or any of them, are not forfeited or rendered void under the terms thereof, or of this Art, or (jf any other Act passed or to be passed, by reason of the non-i)erformance of the conditions thereof, or by insolvency, or otherwise. 5. All the provisions of this Act, except those contained in sections three, six to seventeen (both inclusive), nine- sioNssHAi L* ^'-'*-'" ^*^ twenty-seven (bi>th inclusive), thirty-three, forty- AiM'LV TO LA five, aud eighty-nine to ninetv-six (both inclusive), BANgUEDU 1 4 T u 11) 11) • 1 1 *i i. 1 PEUPLE. apply to La Jianque du leuple: 1 rovidetl, that wher- ever the word " directors " is used in any of the sections which apply to the said bank, it shall be read and construed as PROVISO: AS ro meaning the principal partners or members of the cor- niKKcroKs. poration of the saiil bank; and so much of the Act incorporating the said bank, or of any Act amending or continuing it, as is inconsistent with any section of this Act apply- iNcoNsisTENT j,j{r xq tlic Said baiik, or which makes any provision in ENACTMENTS '^ • , r , , • , REPEALED. ini\' matter provideu for by such sections other than such as is hereby made, is hereby repealeil : otherwise the said Acts are continued in force, subject to the proviso contained in section four of this Act. BANKING LA \V OF CANADA. II 6. The provisions contained in sections two, seven, thirty-seven, forty-seven to eiijhty-eight (both inclusive), and ninety- what provi- seven to one hundred and four (both inclusive), apply :^pp'lv^i)',^i\^p to the Bank of British North America aid the Bank of hanks uf ■:> V 1 r' 1 I • I.- 1 1 «-! • • BRITISH NOKIH i:)ntisn Lolumbia respectively ; and the provisions con- America and tained in the other sections of this Act do not apply to of b. c. the said banks. 7. For the purposps of the several sections of this Act made applicable to the liank of liritish North America and the Jiank of British Columbia, the chief office of the Bank of 15ritish X' .1 \ • 1 n 1 .1 cti f .1 1 1 nr CHIKFSKATOF North America shall be the oftice of the bank at Mon- busink.ssof treal. in the Province of Quebec, and the chief office of tiiksaid BANKS the I^ank of British Columbia shall be the office of the bank at Victoria, in the Province o; British Columbia. 8. The provisions of this Act may be extended to the Mer- chants' Ikmk of Prince Edward Island by the Treasury Bv)ard, upon the ap}:)lication of the directors of the said bank, before the expiration of the present charter of the said b.mk ; chants* bxnk and upon publication in the Canada Gazette of the ofi>. f. i.may resolution of the directors applyin*^ iiereunder, and of this act. the minute of the Treasury Board thereon allowing such application, the provisions of this Act shall, from the time named in such minute, or if there is no time named therein, from the date of the publication thereof in the Canada Gazette, appl)' to the said bank ; and its charter and Act of incorpvinKi) tors shall be declared in the Act <»f incorporation of cial act. every such bank : i 34 THE CURRENCY AXD THE 2. An Act of incorporation of a bank in the form set forth in FORM OF ACT Schcclule 1^ to this Act shall be construed to confer OF INXORPO- upon the bank thereby incorporate^' all the powers. RATION. . ., , . .'. J . u- 4. V *. n privileges and immunities, and to subject it to all the liabilities and provisions set forth in this Act. 10. The capital stock of any bank hereafter incorporated CAPITAL shall be not less than five hundred thousand dollars, SHARES. and shall be divided into shares of one hundred dollars each. 11. The number of provisional directors shall be not less than PROVISIONAL ^1^'^ i^^r more than ten, and they shall hold office until DIRECTORS, directors are elected by the subscribers to the stock, as hereinafter provided. 12. For the purpose of organizing' the bank, the provisional directors may cause stock books to be opened, after giving public OPENING OF notice thereof, — upon which stock books shall be re- STOCK. I'.ooKS, corded the subscriptions of such persons as desire to become shareholders in tlie bank ; and such books shall be opened at the place where the chief office of the bank is to be situate, and elsewhere, in the discretion of the provisional directors, and may be kept open for such time as they deem necessary. 13. So .soon as a sum not less than five hundred thousand doi'ars of the capital stock of the bank has been /hfud fide subscribed, ami a sum not less than two hundred and fifty th(ni- FIRST MEET- ' . . INC. OF SUB- sand dollars thereof has been i)aid to the Minister SCRIBERS. ^^^ I'inance and Receiver (leiieral, the provisioi'.al directors may, by public notice, published for at least four weeks, call a meeting of the svdjscribers to the said stock', t«> be held in the place nametl in the Act of inc(»"poratioii as the chief place of business of the bank, at such time and at such place therein as set forth in the said notice ; nt which meeting tlie subscribers shall determine the day upon which the annual general FLECTION OF meeting of the bank is to be held, and shall elect such DIRKCTORS. number of director^, duly (jualified under this Act, BANKING LAW OF CANADA. 35 not less than five nor more than ten, as they think necessary, who shall hold office until tlic annual i^cncral meetiuf^ in the year next succeedin- Finance and Receiver General, the election of directors, deposit for security for note issue, or otherwise, have been complied with, and that the sum so paid was then held by the JMinistor of Finance and Receiver General ; and no certificate as aforesaid shall be given except w ithin one year from the passing of the Act of incorpora- tion of the bank applying for the said certificate. 16. In the event of the bank not obtaining a certificate from the Treasury Hoard within one year from the time of the passing of its Act of incorporation, all the rights, powers and ifckkiifi- privileges conferred on such bank by its Act of incor- caik n not pi)ration shall thereupon cease and determine and be granikd. of no ff)rce and effect whatever. 17. Upon the issue of the certificate in mani'.er hereinbefore provided, the Minister of I'inance and Receiver (it-neral shall forth- 36 THE CURRENCY AND THE with pay to the bank the amount of money so de- \moun¥de- posited with him as aforesaid, without interest, after POSITED WITH deductini;- tlierefrom the amount required to be de- FiNANCE posited under section fifty-four of this Act ; and in case no certificate is issued by the Treasury Board within tlie time Hmited for the issue thereof, the amount so de- posited shall be returned to the person depositing the same ; but in no case shall the Minister of Finance and Receiver General be under any obligation to see to the proper application of the same in anyway. INTERNAL REGULATIONS. l8. The shareholders of the bank (or, in the case of La l^anque du Peuple, the principal partners or members of the corporation BY-LAWS MAV tlicreof,) may regulate, by by-law, the following matters BE MADE. incident to the management and administration of the affairs of the bank, that is to say : The day upon which the annual ♦general meetincf of the shareholders for the election of directors shall be held ; the record to be kept of proxies, and the time, not exceeding thirty days, within which proxies must be produced and recorded prior to a meeting in order to entitle the holder to vote thereon ; the number of the directors, which shall not be less than five and not more than ten, and the quorum thereof, which shall not be less than three ; their (jualification, subject to the pro- visions hereinafter made : the method t)f filling vacancies in the board of directors whenever the same occur during each year, and the time and proceedings for the election of directors, in case of a failure of any election on the day appointed for it ; the remunera- tion of the president, vice-president and other directors; and the amount of discounts or loans which may be made to directors, either jointly or severally, or to any one firm or person, or to any shareholder, or to corporations : 2. The shareholders may authorize the directors to establish r.uARANrEK guarantee and pension funds for the officers and \M>i'ENsi()N employees of the bank and their families, and to contribute thereto out of the funds of the bank ; BANKING LAW OF CANADA, 37 3. Until it is otherwise prescribed by by-law under this section, the by-laws of the bank on any matter which may be regulated by by-laws under this section shall remain in force, except certain by- as to any provision fixing the qualification of direc- laws cox- tors at an amount less than that prescribed by this Act ; and no person shall be elected or continue to be a director unless he holds stock paid up to the amount required by this Act, or such greater amount as is required by any by-law in that behalf : 4. The foregoing provisions of this section, touching directors, shall not apply to La Banque du Peuple, which shall banque du in these matters be t^overned bv the provisions of its peuple ex- ^ ' i- cepted. charter. 19. The stock, property, affairs and concerns of the bank shall be managed by a board of directors, who shall be elected board of annually in manner hereinafter provided, and shall be directors. eligible for re-election : 2. Each director shall hold capital stock of the bank as follows : — When the paid-up capital stock is one million dollars or less, each director shall hold stock on which not less than three qualifica- thousand dollars has been paid up ; when the paid-up tion. capital stock is over one million dollars and does not exceed three million dollars, each director shall hold stock on which not less than four thousand dollars has been paid up ; ami when the paid-up capi- tal stock exceeds three millitui dollars, each director shall hold stock on which not less than five thousand dollars has been paid up: X. A majoritv of the directors shall be natural-born majority to or naturalized subjects of Her Majesty. subjects. 4. The directors shall be elected by the shareholders on such day in each year as is appointed by the charter or by any by-law of the bank, and such election shall take i)lace at the 11/-.- r .1 , 1 1 • f .1 1 .1 ELECTION. liead oftice of the bank at such time of the day as tlie directors appoint ; and public notice thereof shall be given by the directors, hx publishinir the same for at least four .' , . ., , ,. 11. • NOTICE. weeks previous to the time ot hojtling such election, in a newspaper published at the place where the said head office is situate : 38 THE CURRENCY AND THE 5. The persons, to the number authorized to be elected, who WHO SHALL have the jjreatest number of votes at any election, shall BE DIREC- ,1- TORS. be du'cctors : 6. If it happens at any election that two or more persons have PROVISION IN ''^" equal number of votes and the election or non-clec- CASE OF tion of one or more of such persons as a director or E(JL ALITY OF ,. ^ , , , ,. , , ,. VOTES. directors depends on such cqualit}', then the directors who have a greater number, or the majority of them, shall determine which of the said persons so having an equal num- ELECTioN OF ^^^ '"^^ votcs sliall be the director or directors, so as to PRESIDENT, complete the full number ; and the said directors, as soon as may be, after the said election, shall proceed to elect, by ballot, two of their number to be president and vice- president respectively : 7. If a vacancy occurs in the board of directors, such vacancy shall be filled in the manner provided by the by-lav/s; but the non- filling of the vacancy shall not vitiate tlie acts of a VACANCIES, " f ., •'• ]• , 1 •£ i.1 HOW FILLED quoruiTi of the rcmauung directors ; and it the vacancy so created is in the office of the president or vice-presi- dent, the directors shall, from among themselves, elect a president or vice-president, who shall continue in office for the remainder of the year. 20. If an election of directors is not made on the day ap- pointed for that purpose, such election of directors PROVLSION IN , , , I- 4. ..1 CASE OF FAIL- "^^Y take place on any other day, according to the URE OF by-laws matle by the sharehold rs in that behalf : and the directors then in office shall remain in office until a new election is made. 21. A^ all meetings of the directors, the president, or in his ab- sence the vice-presitlent, or in the absence of both of DiKFCToRs' them, one of the directors ])resent, chosen to act f^ro tempore, shall presitle ; and the president, vice-presi- CASTiNd vorE dent, or president /A? Av//y^>rf' so presiding sh.dl vote as OF pRi.siDiNG a director, and if there is an equal division on any ciues- DIKECroR. .,,,,, . ^ * tion shall also nave a castinLr vote. BANKING LA W OF CANADA. 39 22. The directors may make by-laws and regulations (not re- pugnant to the provisions of this Act or the laws of Canada) touch- ing the management and disposition of the stock, general property, affairs and concerns of the bank, and touch- power of ing the duties and conduct of the officers, clerks and i>iRE^'i<>KS. servants employed therein, and all such other matters as appertain to the business of a bank: Provided always, that all ^^..^,^a.. .^ PROv ISO: AS by-laws of the bank heretofore lawfully made and now to p.v-laws in force, in regard to any matter respecting which the *^ ^orce. directors may make by-laws under this section (including any by- laws for establishing guarantee and pension funds for the employees of the bank), shall remain in force until they are repealed or altered by others made under this Act. 23. The directors may appoint as many officers, clerks and ser- vants for carrying on the business of the bank, and appointment with such salaries and allowances, as they consider of officers, necessary, and they may also appoint a director or ^^^' directors for any branch of the bank : 2. Before permitting any cashier, officer, clerk or servant of the bank to enter upon the duties of his office, the directors shall re- quire him to give bond, guarantee, or other security to security to the satisfaction of the directors, for the due and faith- i^e given. ful performance of his duties. 24. The directors of the bank, or any four of them, — or any number not less than twenty-five of the shareholders of the bank, who are together proprietors of at least one tenth of spectat gen- the paid-up capital stock of the bank, by themselves eral mket- or by their proxies, — may, at any time, call a special general meeting of the shareholders, to be held at their usual place of meeting, upon giving six weeks' previous public notice, specify- ing in such notice the object of such meeting: 2. If the object of any such special general meeting is to con- sider the proposed removal ef tlie president or vice-president, or of a director of the bank, for mal.ulministration or other ,,...,^„,,, ,^. KKMOv AI. Ol- specified and apparently just cause, and if a majority president, of the votes of the shareholders at such meetin<' is'^'iiKcroR, Etc. 40 THE CURRENCY AND THE given for such removal, a director to replace him shall be elected or appointed in the manner provided by the by-laws of the bank, or if there are no by-laws providing therefor, then by the tSx ^^^^" shareholders at such meeting ; and if it is the presi- dent or vice-president who is removed, his oflfice shall be filled by the directors in the manner provided in case of a vacancy occurring in the office of president or vice-president. 25. Every shareholder shall, on all occasions on which the votes of the shareholders are taken, have one vote for each SHARES * share held by him for at least thirty days before the time of meeting ; and in all cases when the votes of the BALLOT. shareholders are taken, the voting shall be by ballot : 3. All questions proposed for the consideration of the share- holders shall be determined by the majority of the MAJORITY TO . /• 4.1 t, 1 l 1 DETERMINE votcs ot the shareholders present \\\ person or repre- sented by proxy ; and the chairman elected to preside at any such meeting of the shareholders shall vote as a YQjg * shareholder only, unless there is a tie, — in which case, except as to the election of a director, he shall have a casting vote : 3. If two or more persons are joint holders of shares, any one of such joint holders may be empowered, by letter of AS TO JOINT attorney froin the other joint holder or holders, or a HOLDERS OF .... ^ , ... , SHARES. majority of them, to represent the said shares, and vote accordingly : 4. Shareholders may vote by proxy, but no person other than a shareholder eligible to vote shall be permitted to vote or act as such proxy, and no manager, cashier, clerk, or other PROXIES. subordinate officer of the bank shall vote either in per- son or by proxy, or hold a proxy for that purpose : 5. No appointment of a proxy to vote at any meeting of the shareholders of the bank shall be valid for that pur- PRoxiTs^ ^^ P'^^^ unless it has been made or renewed in writing within the two years next preceding the time of such meeting: BANKING LA W OF CANADA. 41 6. No shareholder shall vote, either in person or by proxy, on any question proposed for the consideration of the T ^ ^ TT" 1? T* A T XT shareholders of the bank at any meeting of such share- ^'^^fs calls holders, or in any case in which the votes of the share- must be paid holders of the bank are taken, unless he has paid all i>;q" calls made by the directors which are then due and payable. CAPITAL STOCK. 26. The capital stock of the bank may be increased from time to time, by such percentage or by such amount, as is de- inxrease of termincd upon by by-law passed by the shareholders, at capital. the annual general meeting, or at any special general meeting called for the purpose : Provided always, that no such by-law shall approval of come into operation, or be of any force or effect, unless treasury and until a certificate approving thereof has been issued by the Treasury Board. 2. No such certificate shall be issued by the Treasury Board un- less application therefor is made within three months from the time of the passing of such by-law, nor unless it appears to conditions the satisfaction of the Treasury Board that a copy of tion'^for^ap" such by-law, together with notice of intention to apply proval. for such certificate, has been published for at least four weeks in the Canada Gazette, and in one or more newspapers published in the place where the chief ofifice or place of business of the bank is situ- ate ; nothing herein contained, however, shall be construed to pre- vent the Treasury Board from refusing to issue such certificate if it thinks best so to do. 27. Any of the original unsubscribed capital stock, or of the in- creased stock of the bank, shall, when the directors so determine, be allotted to the then shareholders of the bank/rt? rata, . - , , 1- , H''^^^' STOCK and at such rate as is fixed by the directors, but no shall he al- fraction of a share shall be so allotted ; provided that lotted. in no case shall a rate be fixed bv the directors, which will make the premium (if any) paid or payable on such stock so allotted exceed the percentage which the reserve fund of the bank then bears to the 42 THE CURRENCY AND THE paid-up capital stock thereof ; and any of sucli allotted stock which is not taken up by the shareholder to whom such allotment has been made, within six months from the time when notice of the allotment was mailed to his address, or which he declines to accept, may be offered for subscription to the public, in such manner and on such terms as the directors prescribe. 28. The capital stock of the bank may be reduced by by-law passed by the shareholders at the annual general meeting, or at a CAPITAL special general meeting called for the purpose ; but no STOCK MAY BE such by-law shall come into operation or be of force Y^ T-» T-\ T • ^ -f-* T^ or effect until a certificate approving thereof has been issued by the Treasury Board : 2. No such certificate shall be issued by the Treasury Board un- less application therefor is macie within three months from the time CERTIFICATE ^^ ^^^^ passiug of the by-law, nor unless it appears to OF TREASURY the Satisfaction of the Board that the shareholders vot- ing for such by-law represent a majority in value of all the shares then issued by the bank, and that a copy of the by-law, together with notice of intention to apply to the Treasury Board for the issue of a certificate approving thereof, has been published for at least four weeks in the Canada Gazette, and in one or more news- papers published in the place where the chief office or place of busi- ness of the bank is situate ; nothing herein contained, however, shall be construed to prevent the Treasury Board from refusing to issue such certificate if it thinks best so to do : 3. In addition to evidence of the passing of the by-law and the pub- lication thereof in the manner above provided, statements showing the amount of stock issued and tlie number of share- STATEMENTS , , , , , , TO RE SUBMIT- lioldcrs. With tlic amouut of stock held by each, repre- "^ ^^* sented at such meeting, and the number of shareholders, with the amount of stock held by each, who voted for such by-law, and also full statements of the assets and liabilities of the bank, together with a statement of the reasons and causes why such reduc- tion is sought, shall be laid before the Treasury Board at the time of the application for the issue of a certificate approving such by-law. BANKING LA }V OF CANADA. 43 4. The passing of such by-law, and any reduction of the capital stock of the bank thereunder, shall not, in any way, reduction diminish or interfere with the liability of the sharehold-^'^'^ '^'^ ai fect ersof the bank to the creditors thereof at the time of SHiREHOLD- the issue of the certificate approving such by-lav : ^^^• 5. If, in any case, legislation is sought to sanction any reduction of the capital stock of any bank, a copy of the by-law or resolution passed by the shareholders in regard thereto, together if legislation with statements similar to those above provided to be ^^ asked to ^ sanction re- laid before the Treasury Board, shall be filed with the duction. Minister of Finance and Receiver General, at least one month prior to the introduction into Parliament of the Bill relating to such re- duction : 6. The capital shall not be reduced below the amount of two hundred and fifty thousand dollars of paid-up stock, limit to ke. ^ ^ DUCTION. SHARES AND CAIXS. 29. The shares o^ the capital stock of the bank shall be personal estate, and shall be assignable and transferable at the chief place of business of the bank, or at such of its branches, or at shares vnd such place or places in the United Kingdom, or in anv transfer * T" T-T IT T? T^ f~l T.' of the British colonics or possessions, and according to such form, and subject to such rules and regulations, as the directors prescribe; and books of subscription may be opened, books of sub- and the dividends accruincf on anv shares of such stock scription. may be made payable at any of the places aforesaid ; and the di- rectors may appoint such agents in the United Kingdom, or in any of the British colonies or possessions, for the purposes of this sec- tion, as they deem necessary. 30. The shares of the capital stock shall be paid in by such \\\- stalmicnts and at such times and places as the direc- payment of tors appoint : Provided always, that the directors may shares. cancel any subscription fc^r any share unless a sum equal to ten per cent, at least on the amount subscribed for is actually proviso: ten paid at the time of, or within thirty days after, the *'^;^,^|;;^'^l^: |\j^.|j] time of subscribing ; but such cancellation shall not scription. 44 THE CURRENCY AND THE relieve the subscriber from his Hability to creditors in the event of insolvency as hereinafter provided. 31. The directors may make such calls of money from the sev- CALLSON eral shareholders for the time being, upon the shares SHARES. subscribed for by them respectively, as they find necessary : 2. Such calls shall be made at intervals of not less than thirty TIME OF CALLS days, and upon notice to be given ixX. least thirty days prior to the day on which such call shall be payable ; LIMITATION, ^j^^^ j-jQ guch Call shall exceed ten per cent, of each share subscribed. 32. The directors may, in ci'se of the non-payment of any call, in RECOVERY OF the Corporate name of the bank, sue for, recover, col- CALLs. \^.^4^ ^j-j(j g^.^ jj^ ^ji such calls, or may cause and declare such shares to be forfeited to the bank. 33. If any sharc;holder refuses or neglects to pay any instalment upon his shares of the capital stock at the time appointed therefor, FORFEITURE such shareholder shall incur a penalty to the use of OF SHARES ^1^^. bank of a sum of money equal to ten per cent, on FOR NON-FAY- MENT OF the amount of such shares; and if the directors de- CALLs. clare any sliares to be forfeited to the bank they shall, within six months thereafter, without any previous formality other than thirty days* public notice of their intention so to do, sell at SALE IN SUCH pubUc auctioH 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 in- stalments due on the remainder of the said shares and the amount of penalties incurred upon the whole ; ^.\\Ci tin- president or vice- ANi) TRANS- president, manager or cashier nf the b.uik shall e.vecute *'^'**- the transfer to the purchaser of the shares so sold ; and such transfer shall be as valid and effectual in law as if it had been executed by the original holder of tlie shares thereby transferred; but PROVISO. ^^^^ directors, or the shareholders at a gener.d meeting, may, notwithstanding. inything in this section cont i»kclaka. mission of a share in the bcUik which is made m any out ok countrv other than Canada, or any other Hritish colonv, panada, i.tc. or the United Kingdom, shall be further authenticated by the clerk of a court of record and under the seal of such court, or b\' the Ihitish consul or vice-consul, or other accretliteil representati\e of the liritish Government in the countr\' where the declaration is made, or shall be made directly before such Ikitish , . , ,, ' ,.^ , PROVISO : FUR. consul or vice-consul or other accredited represen- nn.R kvi- tative ; and provideil also, that the directors, cashier i>f-N<'H mav . ' . f »i I 1 . BK kl-:(,)UIRKI>. or other otnccr or agent of the bank may iXMiuire corroborative evidence of any fact alleged in any such declaration. 40. If the transmission of any share of the capital stock ha; taken place by virtue uf the marriage of a female shareholder, the declaration shall be accompanied by a copy of the rtg-iH wsmission ister of such marriage, or other particulars of the cele- ^'^' ^'^'•<'iIA(;F. bration thereof, and shall ilecl;«re the identity of the sVi \iu:- wife with the holder of such share, anil shall be ma.,c. letters of administration, or act of curatorship or tutor- sioN Hv i)E- ship, or an official extract therefrom, shall, together ' ■ with such declaration, be produced and left witli the cashier or other officer or agent of the bank, w ho shall, thereupon, enter in the register of shareholders the name of the person entitled under such transmission. 42. If the transmission of any share of the capital stock has taken place by virtue of the decease t)f any shareholder, the pro- FURTHKR i>K<». duction to the directors and the deposit with them of VISION IN ;i,^ authentic notarial copy of the will of the deceased SUCH CASE. , , , , -f , n • • .-If 1- shareholder, if sucli will is in notarial form according to the law of the Province of Quebec, or of any authenticated copy of the probate of the will of the deceased shareholder, or of letters of administration of his estate, or of letters of verification of heir- ship, or of the act of cu.atorship or tutorshij), granted by any court in Canada having power to grant the same, or by any court or au- th>tei:s Not pfrsox- the estate and funds in his hands shall be liable in like ally liahlk. manner and to the same extent as the test.itor, intestate, ward or person interested in such trust fund would be, if living and compe- tent to hold the stock in his own name; and if the trust is for a living person, such person shall also himself be liable as a share- holder : but if such testator, intestate, ward or person so represented is not so n;imed in the books of the l).ink,the executor, administrator, gu.irdian or trustee shall be person.:dly liable in respect of such stock as if he held it in his (»wn name as owner thereof. ANNUM, STATKMKNT AND INSPECTION. 45. At every annual meeting of the shareholder' for the election of tlircctors, the out-going directors shall submit a clearsiA rFMF.NTTo anil full statement of th'; affairs of the bank, contain- '" ' '^"* '*•■• FORK ANNUAL nig on the one part.- - mff.ti.no. 4 fcXCKFTION. ^mm 50 T///^ CURRENCY AND THE The amount of the capital stock paid in, the amount of notes of the bank in circulation, the net profits made, the LIABILITIES. , , , , , , ,11, • , • balances due to other banks, and the cash deposited m the bank, distinguishing deposits bearing interest from those not bearing interest ; and on the other part, — The amount of the current coin, the gold and silver bullion, and the Dominion notes held by the bank, the balances due to the bank from other banks, the value of the real and other prop- ASSFTS erty of the bank, and the amount of debts owing to the bank, including and particularizing the amounts so owing upon bills of exchange, discounted notes, mortgages and other securi- ties, — Exhibiting, on the one hand, the liabilities of, or the debts due by the bank, and on the other hand the assets and resources there- wHATSTATK- of ; and the said statement shall also exhibit the rate MENT SHALL ^j-jj amouut of the last dividend declared by the di- rectors, the amount of reserved profits at the date of such statement, and the amount of debts due to the bank, over-due and not paid, with an estimate of the loss which will probably ac- crue thereon. 46. The books, correspondence and funds of the bank shall, at INSPECTION OF 'ill times, be subject to the inspection of the directors ; BOOKS, Etc. ^^yj- no pci'sou, wlio is iiot a director, sliall be allowed to inspect the account of any person dealing with the bank. DIVIDENDS. 47. The directors of the bank shall, subject to the provisions of this Act, tlcclare quarterly or half yearly dividends of so much of the profits of the bank as to the maj(jrity of them DIVIDENDS. ^ ^ ^ seems advisable ; and they shall give at least thirty days* public notice of the payment of such dividends previously to tht: date fixed for such payment; and they may close the transfer books during a certain time, not exceeding fifteen days, before the f)avment of each divitlend. BANKIXG LAW OF CANADA. 48. Xo dividend or bonus shall ever be tleclared so as to impair the paid-up capital; and if any dividend or bonus is so declared or made payable, the directors who knowingly and ^vil- fully concur therein shall be jointly and severally liable to impair for the amount thereof as a debt due by them to the capiial. bank: and if any part of the paid-up capital is lost, the directors shall, if all the subscribed stock is not paid up, forthwith make calls upon the shareholders to an amount equivalent to such c^puAi lost loss; and such loss and the calls, if any, shall be men- to be mauf. tioned in the next return made by the bank to the Minister of Finance and Receiver General : Provided that, in any case in which the capital has been impaired as afore- said, all net profits shall be applied to make good such loss. PROVISO. 49. No division of profits, either by way of dividends or bonus, or both combined, or in any other way, exceeding the rate of eight per cent, per annum, shall be made by dividend the bank, unless, after making the same, it has a lf'ss thfkf is rest or reserve fund equal to at least thirty per acekiain rk- cent. of its paid-up capital ; and ail bad and doubt- serve. ful debts shall be deducted before the amount of such rest is calculated. KKSKKVKS. 50. The bank shall hold not less than forty per cent, of its cash reserves in Dominion notes; and every pAkroFkE- bank holding at any time a less amount of its cash reserves in Dominion notes than is prescribed by this section shall incur a penalty of five hundred dollars for each and every violation of the pro- visions of this section : 2. The Minister of Finance and Receiver General shall make such arrangements as are necessary for insuring the de- livery of Dominion notes to any bank, in exchange supply of for an equivalent amount of specie, at the several ^"'^'.'^"!^ offices at which Dominion notes are redeemable, in noies. the cities of Toronto, Montreal, Halifax, St. John, N. B., Winni- SKkVK TO HE IN DOMINION NOTES. PENALTY F«)k NON-COM- PLIANCE. 52 THE CURRENCY AND THE peg, Charlottetown and Victoria, respectively ; and such notes shall be redeemable at the ofifice for redemption of Dominion notes in the place where such specie is given in exchange. NOTE ISSUE. 51. The bank may issue and re-issue notes payable to bearer on demand and intended for circulation ; but no such AMOUNT AND "ote shall be for a sum less than five dollars, or for •DENOMiNA- any sum which is not a multiple of five dollars, and NOTEs!^ ^^^^ the total amount of such notes, in circulation at any time, shall not exceed the amount of the unimpaired paid-up capital of the bank : 2. Notwithstanding anythin/»o rata to the amount contributed by each : Provided always, I that each of such other banks shall only be called f upon to make good to the said fund its share of such excess, in I payments not exceeding in any one year one per cent, of the I average amount of its notes in circulation,— such circulation to be ascertained in such manner as the Minister of Finance and Receiver General decides ; and his decision shall be final : 9. In the event of the winding up of the business of a bank by reason of insolvency or otherwise, the Treasury Board may, on the application of the directors, or of the liquida- „^„.,,„^^.^ . . , /.>. . 4 1 REPAiMEIsT tor, receiver, assignee or other proper official, and on of amount w being satisfied that proper arrangements have been ^^^v. is made for the payment of the notes of the bank and any interest thereon, pay over to such directors, liquidator, re- 58 THE CURRENCY AND THE ceiver, assignee or other proper official, the amount at the credit of the bank, or such portion thereof as it thinks expedient : 10. The Treasury Board may make all such rules and regula- tions as it thinks expedient with reference to the payment of any moneys out of the said fund, and the manner, BOARD>iAY place and time of such payments, the collection of REGULATE all amounts due to the said fund, all accounts to be OF fuSd!*^^^ kept in connection therewith, and generally the management of the said fund and all matters relat- ing thereto : 11. The Minister of Finance and Receiver General may, in ENFORCE- ^^^ official name, by action in the Exchequer Court MENT OF PAY- of Canada enforce payment (with costs of action) MENT. q£ ^j^y gyj^ ^^^ ^^^ payable by any bank under the provisions of this section. 55. The bank shall make such arrangements as are neces- sary to ensure the circulation at par in any and every part of Canada of all notes issued or reissued by it and hankV(Tbe intended for circulation ; and towards this purpose PAYABLE AT the bank shall establish agencies for the redemption OUT cInada" *^"^ payment of its notes at the cities of Halifax, St. John, Charlottetown, Montreal, Toronto, Winnipeg and Victoria, and at such other places as are, from time to time, designated by the Treasury Board. 56. The bank shall always receive in payment REDEMPTION j^g q^^ notes at par at any of its offices, and OF NOTES. . ,. .. , ... whether they are made payable there or not : PAYAi'.i F \T 2- '^^^ chief place of business of the bank shall CHIEF iLACE always be one of the places at which its notes arc oFBUifiNEss. made payable. 57. The bank, when making any payment, shall, on the request of the p'^rson to whom the payment is to be made, pay the same, or such part thereof, not exceeding one PAYMENTS IN u J 4 1 11 t. *. • r\ • DOMINION hundred dollars, as such person requests, m Domin- NuTEs. ion notes for one, two, or four dollars each, at the BANKING LA W OF CANADA. 59 option of such person : Provided always, that no payment, whether in Dominion notes or bank notes, ^"[^^^ 2!^^.^^" shall be made in bills that are torn or partially de- faced by excessive handling. FACED NOTES. 58. The bonds, obligations and bills, obligatory or of credit, of the bank under its corporate seal, and signed by the president or vice-president, and countersigned by a cashier or assist- , " , . , . , , ui 4- BONDS, NOTES, ant cashier, which are made payable to any person, ^.^^ j^^^^. ^^^^ shall be assignable by indorsement thereon ; and bills by whom to or notes of the bank signed by the president, vice- president, cashier or other officer appointed by the directors of the bank to sign the same, promising the payment of money to any person or to his order, or to the bearer, though not under the cor- porate seal of the bank, shall be binding and obligatory on it in like manner and with the like force and effect as they would be upon any private person, if issued by him in his private or natural capac- ity, and shall be assignable in like manner as if they were so issued by a private person in his natural ca|>acity: Provided ahvays, that the directors of the bank may, from time i-owfr^mTv to time, authorize, or depute any cashier, assistant hk dki-utf.d 1 • cc r 4.1 u 1 1- i. 4-1 TO OFFICER. cashier, or otncer of the bank, or any director other than tlie president or vice-president, or any cashier, manager or local director of any branch or office of discount and deposit of th.c bank, to sign the notes of the bank intended for circulation. 59. All bank notes and bills of the bank whereon the name of any person intrusted or authorized to sign such notes or bills on behalf of the bank is impressed bv machinerv provided ^,,,,.^,, ,,.,. .,^ * • ' * NOTES M\\ llF. for that purpose, by or with the authority of the bank, sk.m n hy shall be good and vah'd to all intents and j)urp(>ses •'^^'^^ '»'^*' •• i • •• SUCH. fcit, " altered, or *' worihlcss, upon every counter- BANKIXG LAJV OF CANADA. 6\ fcit or fraudulent note issued in the form of a Dominion or bank note, and intended to circulate as money, which is presented to him at his place of business ; and if such officer or person wrong- fully stamps any genuine note he shall, upon presentation, redeem it at the face value thereof. 63. Kvery person who designs, engraves, prints or in any man- ner makes, executes, utters, issues, distributes, circulates or uses any business or professional card, notice, placard, cir- cular, hand-bill or advertisement in the likeness or\,,,.„p ,, \,' ' MKN I , Etc., 1 ( ) similitude of any Dominion or bank note, or any ob- he issui d in ,. ^- -^ [ r- 1. r u 1 THEFORMOFA ligation or security of any Government, or of any bank, note. is liable to a penalty of one hundred dollars or to three months' imprisonment, or to both. BUSINESS AND IHJWKRS OF THE BANK. 64. The bank may open branches, agencies and offices, and may engage in and carry on business as a dealer in gold and silver coin and bullion, and it may deal in, dis- count, and lend money and make advances upon hranches . - , . , ,. . , •. AND AGENCIES. the security of, and may take as collateral security for any loan made by it, bills of exchange, promis- general pow- F RS OF BANK. sory notes and other negotiable securities, or the stock, bonds, debentures and obligations of municipal and other corporations, whether secured by mortgage or otherwise, or Dominion, Provincial, British, foreign and other public se- curities, and it may engage in and carry on such business gen- erally as appertains to the business of banking; but, except as authorized by this Act, it shall not, either di- certain nusi- rectly or indirectly, deal in the buying, or selling, ^^%p'Vk vN.i or bartering of goods, wares and merchandise, or actkd bv Vme engage or be engaged in any trade or business bank. whatsoever ; and it shall not, either directly or indirectly, pur- chase, or deal in, or lend money, or make advances upon the security or pledge of any share of its own capital stock, or of the capital stock of any bank ; and it shall not, either directly or indirectly, lend money or make advances upon the security, mortgage, or hypothecation of any land, tenements, or iinmov- 62 THE CURRENCY AND THE able property, or of any ships or other vessels, or upon the security of any goods, wares and merchandise. 65. The bank shall have a privileged lien, for any debt or liabil- ity for any debt to the bank, on the shares of its own BANK TO HAVE capital stock and on any unpaid dividends of the debtor LIEN ONDEPT- ,. , , , , ,- OR's SHARES, or persoH liable, and may dechne to allow any transfer of the shares of such debtor or person until such debt is paid ; and the bank shall, within twelve months after such debt has accrued and become i)avable, sell such shares, and SALE OF SUCH . , ,, , . , 1 , , 1 r r 1 • SHAKES. notice shall be given to the holder thereof of the in- tention of the bank t(3 sell the same, by mailincf such notice in the post office to the last known address of such holder, at least thirty days prior to such sale ; and upon such sale being made the president, vice-president, manager i-vci* '/..- d'c or cashier shall execute a transfer of such shares to the CAbL 01* SALE, purchaser thereof in the usual transfer book of the bank, which transfer shall vest in such purchaser all the rights 'n or to such shares which were possessed by the holder thereof, with the same obligation of warranty on his part as if he were the vendor thereof, but without any warranty from the bank or by the officer of the bank executing such transfer. 66. The stock, bonds, debentures or securities, acquired and held by the bank as collateral security, may, in case of default to pay the COLLATFKAL ^^^-'^-^^ f^*'' securiug which they were so accpiired and SECURITIES held, be dealt with, sold and conveyed either in like MAY r.E SEMI- , 1 • 4. . 41 , • .• LAki.YDEALr niaiiiier and subject to the same restrictions as arc WITH. herein provided in respect of stock of the bank on which it has acquired a lien under this Act, or in like manner as and subject to the restrictions under which a i)rivatc individual might in like circumstances deal with, sell and convey the same, but without obligation to sell the same within twelve montlis : 2. The right so to deal with and dispose of such stock, bonds, debentures or securities in manner aforesaid may be waived or Rir.HTTODO varied by any agreement between the bank and the waived' owner of such stock, bonds, debentures or securities, BANKING LA W OF CANADA. (,i made at the time at which such debt was incurred, or if the time of payment of such debt has been extended, then by an agreement made at the time of such extension. 67. The bank may acquire and hold real and immovable property for its actual use and occupation and the rfalfstate management of its business, and may sell or dis- foroccupa- pose of the same, and acquire other property in its tion. stead for the same purpose. 68. The bank may take, hold and dispose of mortgages and hijiiothequesupoti real or personal, immovable or movable property, by way of additional security for debts mortgages contracted to the bank in the course of its busi- asaddi- ness ; and the rights, powers and privileges which tional se- the bank is by this Act declared to have or to have had in respect of real or immovable property mortgaged to it, shall be held and possessed by it in respect of any personal or movable property which is mortgaged or hypothecated to it. 69. The bank may purchase any lands or real or immovable prop- erty offered for sale under execution, or in insolvency, or under the order or decree of a court, as bclon^intr to any debtor purchase of I to the bank, or offered for sale by a mortgagee or other land under encumbrancer having priority over a mortgage or execution. other encumbrance lield by the bank or offered for sale by the bank under a power of sale given to it for that pur- pose, in cases in which, under simihir circumstances, an individual could so purchase, without any restriction as to the value of the property which it may so purchase, and may acquire a title thereto as any individual purchasing at sheriff's sale, or under a power of sale, in like circumstances, could do, and may take, have, hold and dispose of the same at pleasure. 70. The bank may acquire and hold an absolute title in or to real or immovable property mortgaged to it as security for a debt due or owing to it, either by obtaining a re- absolute lease of the equity of redemption in the mortgaged title may ue property, or by procuring a foreclosure, or by other acquired. means whereby, as between individuals, an equity of redemp- 64 THE CURRENCY AXD THE tion can, by law, be barred, and may purchase and acquire any prior mortgage or charge on such properly : Provided always, PROVISO • SALE ^^^^ "^ bank shall hold any real or immovable OF PROPERTY property, howsoever acquired, except such as is so ACQUIRED, required for its own use, for any period exceeding seven years from the date of the acquisition thereof. 71. Nothing in any charter, Act or law shall be construed as ever having prevented or as preventing the bank from acquiring TITLE TO and holding an absolute title to and in any such mort- Ycoum^i-T^ g^S^^ ^^'"^ ^^^ immovable property, whatever the value POWER OF thereof is, or from exercising or acting upon any power SALE, Etc, ^£ ^^j^ Contained in any mortgage given to it or held by it, authorizing or enabling it to sell or convey away any property so mortgaged. 72. Every bank advancing money in aid of the building of any ship or vessel shall have the same right of acquiring and holding »o-T^^ .r.,r.xT security upon such ship or vessel, while buildinfr and AS ro ADVAN- . CES FOR BuiLD-when completed, either by way of mortgage, hypothiqiie, ING SHIPS. hypothecation, privilege, or lien thereon, or purchase or transfer thereof, as individuals have in the Province wherein such ship or vessel is being built, and for that purpose may avail itself of all such rights and means of obtaining and enforcing such se- curity, and shall be subject to all such obligations, limitations and conditions as are, by the law of such Province, conferred or im- posed upon individuals making such advances. 73. The bank may acquire and hold any warehouse receipt or bill of hilling as collateral security for the payment of any debt in- WARKHousF, currctl in its favor in the course of its banking busi- RKCF.UTSMAY ,^^.j,j. . ^^j^^^^ ^|^^^ w.'irehouso receipt or bill of lading so lU', TAKEN AS ' _ * /» COLLATERAL actjuircd shall vest in the bank, from the date of the SECURITY. acipiisition thereof, all the right and title of the previ- ous holder or owner thereof, or of the person fn^m whom such goods, wares and merchandise were received or acquired by the bank, if the warehouse receipt or bill of lading is made dirjctly in favor of the BANKING LAW OF CANADA. 65 bank, instead of to the previous holder or owner of such goods, wares and merchandise : 2. If the previous holder of such warehouse receipt or bill of lading is the agent of the owner of the goods, wares and mer- chandise mentioned therein, the bank shall be vested when previ- with all the right and title of the owner thereof, sub- ous holder ject to his right to have the same re-transferred to him, if the debt, as security for which they are held by the bank, is paid : 3. In this section the expression " agent " means any person in- trusted with the possession of goods, wares and merchandise, or to whom the same are consigned, or who is possessed of i^terprfta- any bill of lading, receipt, order, or other document tionof used in the course of business as proof of the posses- sion or control of goods, wares and merchandise, or authorizing or purporting to authorize, either by indorsement or by delivery, the possessor of such document to transfer or receive the goods, wares and merchandise thereby represented ; and such person shall be deemed the possessor of such goods, wares and merchandise, bill of lading, receipt, order, or other document as aforesaid, as well if the same are held by any person for him or subject to his control as if he is in actual possession thereof. 74. The bank may lend money to any person engaged in busi- ness as a wholesale manufacturer of any goods, wares loans to and merchandise, upon the security of the goods, wares ^^mamtac- and merchandise manufactured by him or procured for turers. such manufacture : 2. The bank may also lend money to any wholesale purchaser or shipper of products of agriculture, the forest and mine, . LOANS TO CER- or the sea, lakes and rivers, or to any wholesale i)ur- tainwhole^ chaser or shii)i)er of live stock or dead stock, and the salkpir- , , , • t ^ . CHASERS OR products tliereot, upon the security of such products, shippers. or of such live stock or de.ul stock, and the products thereof : 3. Such security may be given l)y the owner and may be taken 66 THE CURRENCY AND THE in the form set forth in Schedule C to this Act, or to the like effect ; FORM OF and by virtue of such security, the bank shall acquire SECURITY. ^i^g same rights and powers in respect to the goods, wares and merchandise, stock or products covered thereby, as if it had acquired the same by virtue of a warehouse receipt. 75. The bank shall not acquire or hold any warehouse receipt or bill of lading or security under the next preceding section to secure WHEN SUCH ^^^^ payment of any bill, note or debt, unless such bill, SECURITY MAY notc or dcbt is negotiated or contracted at the time of ■ the acquisition thereof by the bank, or upon the written promise or agreement that such warehouse receipt or bill of lad- ing or security would be given to the bank ; but such bill, note or debt may be renewed, or the time for the payment thereof extended, without affecting any such security : 2. The bank may, on shipment of any goods, vrares and mer- chandise for which it holds a warehouse receipt, or security as afore- ExcHANGE OF s^*^' Surrender such receipt or security and receive a WAREHOUSE bill of lading in exchange therefor, or, on the receint RECEIPT FOR /■ , , 1 i- r i • 1 •. 1 ij BILL OF LAD- ^^ '^^^X t^^ods, warcs and merchandise for which it holds iNG AND r/Vf a bill of lading or security, as aforesaid, it may sur- render such bill of lading or security, store such goods, wares and merchandise, and take a wa-ehouse receipt therefor, or may ship them, or part of them, an'] taKe another bill of lading therefor: 3. Every one is guilty of a misdemeanor and liable to imprison- PENALTV FOR ""^^'"^ for a tcrm not exceeding two years who wiifulh* MAKiNG FALSE makes any false statement in any warehouse receipt, STATEMENT. , .,, t \ \' U t -J bill of lading or security, as aforesaid. 4. Every one is guilty of a misdemeanor and liable to imprison- ment for a term not exceeding two years, whd, having possession or control of any roods, wares aiul merchandise covered PENALTY FOR ALiENAriNc; by any warehouse receipt, bill of lading or securit)- as GOODS SO aforesaid, and having knowledge of such receipt, bill of SECURED. . , lading or security, and without consent of the bank, in writing and before the advance, bill, note or debt thereby secured BANKING LAW OF CANADA, 67 has been fully paid, wilfully alienates or parts with any such goods, wares, or merchandise, or wilfully withholds from the bank posses- sion thereof upon demand after default in payment of such advance, bill, note or debt. 76. If goods, wares and merchandise are manufactured or pro- duced from the goods, wares and merchandise, or any of them, in- cluded in or covered by any warehouse receipt, or ^^ ^o goods security ^aven under section seventy-four of this Act, manufac- r 1 ' R F D F R O \f while SO covered, the bank holding such warehouse re- articles ceipt or security shall hold or continue to hold such pledged. goods, wares and merchandise, during the process and after the com- pletion of such manufacture or production, with the same right and title and for the same purposes and upon the same conditions as it held or could have held the original goods, wares and merchandise. 77« All advances made on the security of any bill of lading or warehouse receipt, or security given under section seventy-four of this Act, shall give to the bank making such advances prior claim a claim for the repayment of such adv'ances on the ?,t3,!^fTv!^D\^iti ^ ^ OVER UNPAID goods, wares and merchandise therein mentioned, or vendor. into which they have been converted, prior to and by preference over the claim of any unpaid vendor ; but such preference shall not be given over the claim of any unpaid vendor who had a lien upon such goods, wares and merchandise at the time of the acquisition by the bank of such warehouse receipt, bill of lading, or securit}', unless the same was acquired without knowledge on the part of the bank of such lien. 78. In the event of the non-payment at maturity ot any debt secured bv a warehouse receipt or bill of lading, or security given under .section seventv-four of this Act, the bank mav^., ,, ^, .,„.,,,, ^^ ' SALE OP GOODS sell the goods, wares and merchantlise mentioned on non-pay-* 4.U • 1 *.u f -W CC 4. , MENTOF DEBT. therem, or so much thereof as will sumce to pay such debt with interest and expenses, returning the overi)lus, if any, to the person frori whom such warehouse receipt, or bill of lading, or security, or the goods, wares and merchandise mentioned therein. 68 THE CURRENCY AND THE as the case may be, were acquired ; but such power of sale shall be subject to the following provisions, namely : 2. No sale without the consent in writing of the owner of any timber, boards, deals, staves, saw4ogs or other lumber, shall be made under this Act until notice of the time and place NOTICE TO BE - , , . , . , . , , ., , GIVEN BEFORE of such salc uas been given by a registered letter, mailed SALE OF GOODSjj^ ^|^^ V)Os\. office to the last known address of the pledger PLEDGED. r 1 1 1 r thereof, at least thirty days prior to the sale thereof ; and no goods, wares and merchandise, other than timber, boards, deals, staves, saw-logs or other lumber, shall be sold by the bank under this Act without the consent of the owner, until notice of the time and place of sale has been given by a registered letter, mailed in the post office to the last known address of the pledger thereof, at least ten days prior to the sale thereof : 3. Every such sale of any article mentioned in this section, without the consent of the owner, shall be made by public auction, CATP nv ATT/- after a notice thereof by advertisement, stating the TioN AFTER time and place thereof, in at least two newspapers pub- IVT C\ T* T /"* \^ lislied in or nearest to the place where the sale is to be made ; and if such sale is in the Province of Quebec, then at least one of such newspapers shall be a newspaper published in the Eng- lish language, and one other such newspaper shall be a newspaper published in the French language. 79. Every bank which violates any provision contained in any of «T^xT»T ^^^ ^,W3 the sections numbered sixtv-four to seventv-eight (both PENALT* FOR ' * o CONTRAVEN- inclusivc) shall incur for each violation thereof a pen- ^^^^* altv not exceedinij five hundred dollars. 80. The bank shall not be liable to incur any penalty or for- feiture for usury, and may stipulate for, take, reserve or exact NO PENALTY any rate of interest or discount not exceeding seven FOR USURY, pgj. cent, per annum, and may receive and take in advance any such rate, but no higher rate of interest shall be WHAT INTER- Tccoverable by the bank ; and the bank may allow EST MAY BE any rate of interest whatever upon money deposited ALLOWED. ^itj^ i^^ BANKING LAW OF CANADA, 69 NO INSTRU- MENT TO P.E VOID ON GROUND OF USURY. 81. No promissory note, bill of exchange or other negoti- able b'^curity, discounted by or indorsed or otherwise assigned to the bank, shall be held to be void, usurious or tainted by usury, as regards such bank, or any maker, drawer, acceptor, indorser, or indorsee thereof, or other party thereto, or bond fiiJe holder thereof, nor shall any party thereto be subject to any penalty or forfeiture by reason of any rate of interest taken, stipulated or received by such bank, on or with respect to such promissory note, bill of exchange, or other negotiable security, or paid or allowed by any party thereto to another in compen- sation for, or in consideration of the rate of interest taken or to be taken thereon by such bank ; but no party thereto, other than the bank, shall be entitled to recover or liable to pay more than the lawful rate of interest in the Province where the suit is brought, nor shall the bank be entitled to recover a higher rate than seven per cent, per annum ; and no innocent holder of or party to any promissory note, bill of exchange or ^g .^^ inno- other negotiable security, shall, in any case be de- cent hold- prived of any remedy against any party thereto, or ^^^* liable to any penalty or forfeiture, by reason of any usury or of- fence against the laws of any such Province, respecting interest, committed in respect of such note, bill or negotiable security, without the complicity or consent of such innocent holder or party. 82. The bank may, in discounting at any of its places of busi- ness, branches, agencies or ofifices of discount and deposit, any note, bill or other negotiable security or paper payable collection at any other of its own places or seats of business, fees. branches, agencies or offices of discount and deposit in Canada, receive or retain, in addition to the discount, any amount not ex- ceeding the following rates per cent, according to the time it has to run, on the amount of such note, bill or other negotiable secur- ity or paper, to defray the expenses attending the collection thereof, that is to say : under thirty days, one-eighth of one per cent. ; thirty days or over, but under sixty days, one-fourth of one per cent. ; 70 THE CURRENCY AND THE sixty days and over, but under ninety days, three-eights of one per cent. ; ninety days and over, one-half of one per cent. 83. The bank may, in discounting any note, bill or other negoti- able security or paper, bona fide payable at any place in Canada .^^,,^,. ^^^^ different from that at which it is discounted, and other AGE^^Cv FEES. than one of its own places or seats of business, branches, agencies or ofiflccs of discount and deposit in Canada, re- ceive and retain, in addition to the discount thereon, a sum not ex- ceeding one-half of one per cent, on the amount thereof, to defray the expenses of agency and charges in collecting the same. 84. The bank may receive deposits from any person whomso- ever, whatever his age, status or condition in life, and whether such person is qualified by law to enter into ordinary con- T^ T!* ^5 f\ c T T* C! H T \ \T BE RECEIVED ^^^^ts or not ; and, from time to time, may repay any FROM PERSONS or all of the principal thereof, and may pay the whole UNABLE TO ,. r ^t • *. 4. i.u i. 1 CONTRACT ^"^ ^^'^y P^*'^ ^^ ^"^ mterest thereon to such person, without the authority, aid, assistance or intervention of any person or official being required, unless before such repay- ment the money so deposited in and repaid by the baiik is lawfully claimed as the property of some other person, in which case it may be paid to the depositor with the consent of the claimant, or to the claimant with the consent of the depositor : Provided always, that if the person making any such deposit could not, under PROVISO: tiie law of the Province where the deposit is made, AMOUNT LIM- , . , . , , • , r , , • 1 iTED. deposit and withdraw money in and trom a bank with- out this section, the total amount to be received from such person on deposit shall not, at any cime, exceed the sum of five hundred dollars: 2. The bank shall not be bound to see to the execution of any trust, whether expressed, implied or constructive, to which any deposit made under the authority of this section is BOUND TO SEE ^^^jcct ; and except only in the case of a lawful claim, TO TRUSTS IN bv somc other person before repavmcnt, the receipt of RELATION TO ,,' . , ' i 1 -4. *. 1 SUCH DEPOSITS ^"^ pcrson in whose name any such deposit stands, or if it stands in the name of two persons the receipt of BANKING LA W OF CANADA. 71 one, or if in the names of more than two persons the receipt of a majority of such persons, shall be a sufficient discharge to all con- cerned for the payment of an}^ money payable in respect of such deposit, notwithstanding any trust to which such deposit is then subject, and whether or not the bank sought to be charged with such trust (and with whom the deposit has been made) had notice thereof ; and the bank shall not be bound to see to the application of the money paid upon such receipt. RETURNS BY THE BANK. 85. Monthly returns shall be made by the bank to the Minister of Finance and Receiver General in the form set forth in Schedule D to this Act, and shall be made up and sent in within the first fifteen days of each ^^^^ij™^"^^^^" month, and shall exhibit the condition of the bank ernment. on the last juridical day of the month next preced- ing; and such monthly returns shall be signed by the chief accountant and by the president, or vice-president, or the direc- tor or principal partner then acting as president, and by the manager, cashier or other principal officer of the bank at its chief place of business : 2. Every bank which neglects to make up and send in, as aforesaid, any monthly return required by this section within the time hereby limited, shall incur a penalty of fifty dollars for each and every day after the expira- tion of such time during which the bank neglects so to make up and send in such return ; and the date upon which it appears by the post office stamp or mark upon the envelope or wrapper enclosing such return for transmissioi: to the Minister of Finance and Receiver General, that the same was deposited in the post office, shall be taken prnna faciei for the purposes of this section, to be the date upon which such return was made up and sent in. 86. The Minister of Finance and Receiver General may also call for special returns from any bank, when- speciai re- ever, in his judgment, they are necessary to afford tukns may i5e a full and complete knowledge of its condition : penalty for not making up monthly returns in DUE TIME. CALLED FOR. 72 THE CURRENCY AND THE 2. Such special returns shall be made and signed in the man- ner and by the persons specified in the next preceding section, PFNAiTY F^»R ^^^ cvery bank which neglects to make and send NOT MAKiNd in any such special return within thirty days from ?v Vnl-xVv^!?^ the date of the demand therefor by the Minister of Finance and Receiver General shall incur a penalty of five hundred dollars for each and every day such neglect con- tinues ; and the provisions contained in the last preceding sec- tion as to the /n'hua fitvU' evidence of the date upon which returns are made up and sent in thereunder, shall apply to returns made under this section : Provided always, that the Minister of Finance and Receiver General may extend the time for sending in such special returns for such further period, not exceeding thirty days, as he thinks expedient. 87. The bank shall, within tw enty days after tlic close of each calendar year, transmit or deliver to the Minister of TRANSV! ISSK )N oicKR I iKiKi) finance and Receiver General, to be by him laid before '•'^'^'"'" Parliament, a certified list showinj^ the names of the SHARK- 111 f 1 t 1 11 1 r 1 Koi.DKRs TO shareh»)lders of the bank on tlie last (.lay of sucii calen- MiNisiKRthin three years from the commencement of the OFiNSOLVENCY.suspension of payment by the bank, whichever shall first happen, pay over to the Minister of Finance and Receiver General a sum out of the assets of the bank equal to the amount then outstanding of the notes intended for circulation issued by the bank; and, upon such payment being made, the bank and its assets shall be relieved from all further liability in respect of such outstand- ing notes. The sum so paid shall be held by the Minister of Finance and Receiver General and applieil for the purpose of redeeming, whenever presented, such outstanding notes, without interest. INSOLVENCY. 89. In the event of the property and assets of the bank beings TiAtu! rrvoK insufficient to pay its debts and liabilities, each share- ersI'ncase OF holder of the bank shall be liable for the deficiency INSUFFICIENCY to an amount equal to the par value of the shares OF ASSETS. jjpIjj |jy }[i\vci^ in addition to any amount not paid up on such shares. 90. As a condition of the rights and privileges conferred by this Act or by any Act in amendment llieieof, the following provision BANKING LA W OF CANADA. 75 shall have effect : — The HabiHty of the bank under any provision \s law, custom, or agreement to repay moneys deposited toprescrip- with it and interest (if any) and to pay dividends de- sTAiurF of clared and payable on its capital stock, shall continue LiMiTAiioNs. notwithstandincT any statute of limitations or any enactment or law relating to prescription : 2. This section applies to moneys heretofore or hereafter deposited, and to dividends heretofore or hereafter declared. retroaction. 91. Any suspension by the bank of payment of any of its liabili- ties as they accrue, in specie or Dominion notes, shall, if it continues for ninety days, consecutively, or at intervals within SUSPENSION twelve consecutive months, constitute the bank insolv- forooDavsto ent and operate a forfeiture of its charter or Act of constiiute .• f 1 11 f .1 K 1 • INSOLVENCY. mcorporation, so far as regards all further banknig operations ; and the charter or Act of incorporation shall remain in force only for the purpose of enabling the directors or other lawful authority to make and enforce the calls mentioned in the next fol- lowing sections of this Act and to wind up its business. 92. If any suspensio'i of payment i.i full in specie or Dominion notes of all or any of the notes or other liabilities of the bank con- tinues f«)r three months after the expiration of the time calls in such which, under the preceding section, would constitute cases. the bank insolvent, and if no proceedings are taken under any gen- eral or special Act for the winding up of the bank, the directors shall make calls on the shareholders thereof, to the amount they deem necessary to pay all the debts and liabilities of the bank, w ithout wait- ing for the collection of any debts due to it or the sale of any of its assets or property : 2. Such calls shall be made at intervals of thirty days, and upon notice to be given thirty days at least prior to the day on wliich such call shall be payable, and any number of such calls may howsuch be made bv one resolution ; any such call shall not cx-^^/ ',^,^"vn Jl- coed twenty per cent, on each share; and payment <»f kukuk.d. such calls may be enforced in like niann-jr as payment of calls on 76 THE CURRENCY AKD THE unpaid stock may be enforced ; and the first of such calls may be made within ten days after the expiration of the said three months : 3. Every director who refuses to make or enforce, or to concur REFUSAL TO ^^^ making or enforcing any call under this section, is MAKE CALLS guilty of a misdemeanor, and liable to imprisonment UNDER THIS e . , j- ^ l 1 11 r SECTION A MIS- ^^^ any tcrm not exceednig two years, and snail tur- DEMEANOR. thcr bc personally responsible for any damages suffered by such default. 93. In the event of proceedings being taken under ariy general or special winding-up Act, in consequence of the in- CALLS UNDER '^ fc. 1: ' n WINDING-UP solvx'ncy of the bank, the said calls shall be made in ^^^' the manner prescribed for the making of such calls in such general or special winding-up Act. 94. Any failure on the part of any shareholder liable to any such call to pay the same when due, shall operate IT / ^ O IT C* T ^^ T T D XT FOR NON-PAY- ^ forfeiturc by such shareholder of all claim in or to MENT. any part of the assets of the bank,— such call and any further call thereafter being nevertheless re- coverable from him as if no such forfeiture had been incurred. 95. Notliing in the six sections next preceding contained shall be iiAniLiTY OF construed t') alter or diminish the additional liabilities DIRECTORS N« » r DiMiN- of the directors as hereinbefore mentioned and declared. ISHED. 96. Persons who, having been shareholders of the bank, have only transferred their shares, or any of them, to others, or registered the transfer thereof within sixty days SHAREH(H.i)-'^ before the commencement of the suspension of pay- FRswHo HAVE ment by the bank, and persons whose subscriptions iHEnrsTocK' ^^ ^^^ ^^^^^ ^^ ^^^ ^^"^ ^^^^ ^^^" cancelled in manner hereinbefore provided within the said pe- riod of sixty days before the commencement of the suspension of payment by the bank, shall be liable to all calls on the shares held or subscribed for by them, as if they held such shares at the time of such suspension of payment, saving their recourse ?»orainst those by whom such shares were then actually held. BANKIXG LA W OF CANADA. 77 OFFENCES AND PENALTIES. 97. Every one is guilty of a misdemeanor and liable to imprison- ment for a term not exceeding two years who, being the president, vice-president, director, principal partner en commandite, TJ ■^ ■¥-» c« T -|-^ T."* V* 'T^ manager, cashier or other officer of the bank, wilfully p^.^ giving gives or concurs in giving any creditor of the bank any undue pref- fraudulent, undue or unfair preference over other^j^y creditor creditors, by Gfiviner security to such creditor or bv ouietvofa , . , . . . . . . . . "^misdemeanor. changing the nature of his claim or otherwise howso- ever, and shall further be responsible for all damages sustained by any person in consequence of such preference. 98. The amount of all penalties imposed upon a bank for any violation of this Act shall be recoverable and enforceable with costs, at the suit of Her Majesty, instituted bv the Attorney t.t^^,.,.t.t, .. •' "' ' • RECOv ERv General of Canada, or the Minister of Finance and and disposal Receiver General, and such penalties shall belong to ^^ ^^^^^'^'^^^• the Crown for the public uses of Canada; but the Governor in Council, on the report of the Treasury Hoard, may direct that any portion of any penalty be remitted or paid to any person, or applied in any manner deemed best adapted to attain the objects of this Act and to secure the due administration thereof. 99. The making of any wilfully false or deceptive statement in any account, statement, return, report or other document respecting the affairs of the bank, is, unless it amounts to a higher making false offence, a misdemeanor punishable by imprisonment statement IN RF rt'KNS for a term not e.xceeding five years ; and every prcsl- En: amisde^ dent, vice-president, director, primip.il partner en mf-anor, etc. commandite, auditor, manager, cashier or other officer of the bank, who prepares, signs, approves or concurs in such statement, return, report or document, or uses tlie same with intent to deceive or mis- lead any ])erson, shall be held to have wilfully made such false state- ment, ami shall further be responsible for all damages sustained by any person in conscijuence thereof. i J JI MMt 78 THE CURRENCY AND THE »» 100. Every person assuming or using the title of ** bank, UNAUTHOR- "banking company," ''banking house," ''banking izED USE OF association," or "banking institution," without be- TiTLE "BANK,"jjjg authorized SO to do by this Act, or by some other Act in force in that behalf, is guilty of an of- fence against this Act. loi. Every person, committing an offence declared to be an PENALTY FOR ^^'^"^^ against this Act, shall be liable to a fine not OFFENCE exceeding one thousand dollars, or to imprisonment AGAINST THIS for a term not exceeding five years, or to both, in the discretion of the court before which the con- viction is had. PUBLIC NOTICES. 102. The several public notices by this Act required to be given shall, unless otherwise specified, be given by HOW NOTICES advertisement in one or more newspapers published GIVEN. at the place where the head office of the bank is situate, and in the Canada Gazette, DOMINION GOVERNMENT CHEQUES. 103. The bank shall not charge any discount or cHEQUFs^To^ commission for cashing any official cheque of the HE PAID AT Government of Canada, or of any department ^'^^' thereof, whether drawn on itself or on another bank. COMMENCEMENT UK ACT AND KErEAL. X04. This Act shall come into force on the first tlay of July, in the year one thousand eij^ht hundred and ninety-one; and from coMM»^NCE. ^^^^^ ^'^y chapter one hundred and twenty of the Re- MENToFTHis viscd Statutes of Canada, intituled ''An Act rcspcctittif Jujitks ON(l /Hi/ii'if/i,'-," the Act passed in the fifty-first REPEAL OF year of Her Majesty's rei^n, chapter twenty-seven, in AND (ip^'s' v., c. intendment thereof, the Act passed in the session held a; AND 50-51 v., jn thc thlrty-third year of Ilcr Majesty's reign, chapter *'■*'■ twelve, intituled '\ln Act to remove certain restric- tions with respect to the issue of bank notes in Nova Scotia," thc BANKING LAW OF CANADA. 79 Act passed in the session held in the fiftieth and fifty-first years of Her Majesty's reign, chapter forty-seven, intituled '*■ An Act respecting the defacing of counterfeit notes, mid the use of imitations of jiotes^' and chapter one hundred and twenty of the Revised Statutes of New Brunswick, " Of Banking^' and the Act passed by the Legislature of the Province of New Brunswick in the nineteenth year of Her Majesty's reign, chapter forty-seven, intituled *' An Act to explain chapter 120, Title XXXI, of the Revised Statutes, ' Of Banking,' " shall be repealed, except as to rights there- saving tofore acquired or liabilities incurred in regard to any clause. matter or thing done or contract or agreement made or entered into or offences committed under the said chapters or Acts, and nothing in this Act shall effect any action or proceedings then pending under the said chapter or Act*? then repealed, but the same shall be decided as if such chapters and Acts had not been repealed. SCHEDULE A. BANKS WHOSE CHARTERS ARE CONTINUED BY THIS ACT. i. The Bank of Montreal. 2. The Quebec Bank. 3. La Ikmquc du Peuple. 4. The Molsons Bank. 5. The Bank of Toronto. 6. The Ontario Bank. 7. The Eastern Townships Bank, 8. La BaiKjue Nationalc. 9. La l)antjue Jacques Carticr. 10. The Merchants' Bank of Canada. 11. The Union l^ank of Canada. 12. The Canadian Bank of Commerce. 13. The Dominion Bank. 14. The Merchants' Bank of Halifax. So THE CURRENCY AND THE 15. 16. 17- 18. 19. 20. 21. 23. 24. 25- 26. 27. 28. 29. 30. 31- 32. 33- 34. 35- 36. The Bank of Nova Scotia.. The Bank of Yarmouth. La Banque Ville Marie. The Standard Bank of Canada. The Bank of Hamilton. The Halifax Banking Company. La Banque d'Hochelaga. The Imperial Bank of Canada. La Banque de St. Hyacinthe. The Bank of Ottawa. The Bank of New Brunswick. The Exchange Bank of Yarmouth. The Union Bank of Halifax. The People's Bank of Halifax. La Banque de St. Jean. The Commercial Bank of Windsor. The Western Bank of Canada. The Commercial Bank of ALanitoba. The Traders' Bank of Canada. The People's Bank of New Brunswick. The Saint Stephen's l^ank. Tiie Summerside Bank. SCHEDULE B FORM OF ACT OF INCORPOKATION OF A'EW BANKS. An Act to incorporate the Bank. Wlicrcas the persons hereinafter named have, by their petition, prayed that an Act be passed for the purpose of establishing a bank in , and it is expedient to grant the prayer of the said petition : Therefore Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows: — Z. The persons hereinafter named, together with such others as BANKING LA W OF CANADA. 8i become shareholders in the corporation by this Act created, are hereby constituted a corporation by the name of hereinafter called *' the Bank." 2. The capital stock of the bank shall be dollars. 3. The chief office of the bank shall be at 4. shall be the provisional direc- tors of the bank. 5. This Act shall, subject to the provisions of section sixteen of "The Bank Act," remain in force until the first day of July, in the year one thousand nine hundred and one. SCHEDULE C. FORM OF SECURITY UNDER SECTION SEVENTY-FOUR. In consideration of an advance of dollars, made by the ijuDne of bank) to A. B., for which the said bank holds the following bills or notes {describe fully the notes or bills held, if any}, the goods, wares and merchandise mentioned below are hereby assigned to the said bank as security for the payment, on or before the day of of the said advance, together with in- terest thereon at the rate of per cent, per annum from the day of {or, of the said bills and notes, or renewals thereof, or substitutions therefor, and interest thereon, or as the ease may be). This security is given under the provisions of section seventy- four of " The Bank Act," and is subject to all the provisions of the said Act. The said goods, wares and merchandise are now owned by and are now in possession, and are free from any mortgage, lien or charge thereon {or as the ease may be), and are in {plaee or plaees where goods are), 2L.v\i\ are the following: {partieular description of goods assigned). Dated at 18 . 82 THE CURRENCY AND THE SCHEDULE D. Return of the liabilities and assets of the bank on the day of , A. D. Capital authorized .... $ Capital subscribed .... $ Capital paid up $ Amount of rest or reserve fund . $ Rate per cent, of last dividend declared. per cent. LIABILITIES. 1. Notes in circulation ... $ 2. Balance due to Dominion Govern- ment, after deducting advances for credits, pay-lists, etc 3. Balance due to Provincial Gov^ern- ments ...... 4. Deposits by the public, payable on demand ...... 5. Deposits by the public, payable after notice or on a fixed day ... 6. Loans from other banks in Canada, secured ...... 7. Deposits, payable on demand or after notice or on a fixed day, made by other banks in Canada ... 8. Balances due to other banks in Can- ada in daily exchanges ... 9. Balances due to agencies of the bank, or to other banks or agencies in for- eign countries ... TO. Balances due to agencies of the bank, or to other banks or agencies in the L^nitcd Kingdom . . . II. Liabiliti<:.s not included under fore- going heads ..... BANKING LA W OF CANADA. 83 ASSETS. 1. Specie ...... 2. Dominion notes . . . . . 3. Deposits with Dominion Government for security of note circulation 4. Notes of and cheques on other banks. 5. Loans to other banks in Canada, se- cured ...... 6. Deposits, payable on demand or after notice or on a fixed day, made with other banks in Canada . 7. Balances due from other banks in Canada in daily exchanges 8. Balances due from agencies of the bank, or from other banks or agen- cies in foreign countries . 9. Balances due from agencies of the bank, or from other banks or agen- cies in the United Kingdom . Dominion Government debentures or stocks ...... II. Canadian municipal securities, and British, Provincial, or foreign, or colonial public securities, (other than Dominion) . . . . . Canadian British and other railway securities. . . . . . Call loans on bonds and stocks . 14. Current loans . . . . . 15. Loans to the Government of Canada . 16. Loans to Provincial Governments 17. Overdue debts . . . . . 18. Real estate, the property of the bank (^other than the bank premises) 19. Mortgages on real estate sold by the DaiiK. . . ■ . . • 20. Bank premises . . . . . 21. Other assets not included under the foregoing heads . ♦ • • 10. 12. 13 84 BANKING LA W OF CANADA. Aggregate amount of loans to directors, and firms of which they are partners, $ Average amount of specie held during the month, % Average amount of Dominion notes held during the month, $ Greatest amount of notes in circulation at any time during the month, $ I declare that the above return has been prepared under my directions and is correct according to the books of the bank. E. F., Chief Accountant, We declare that the foregoing return is made up from the books of the bank, and that to the best of our knowledge and belief it is cor- rect, and shows truly and clearly the financial position of the bank ; and we further declare that the bank has never, at any time during the perio'^ to which the said return relates, held less than forty per cent, of its cash reserves in Dominion notes. {Place) this day of A. H., President. CD., General Manager. MEMORANDA. The currency of Canada is in dollars, cents, and mills, at the rate of 10 mills for a cent and lOO cents for a dollar. The British sover- eign is legal tender for $4.86^. Silver coin minted for circulation in Canada by order of Queen Victoria, is legal tender to the amount of ten dollars, and copper coin to the amount of twenty-five cents. The gold eagle of the United States is legal tender for ten dollars. Canada has no gold coinage of her own. Tl'.e Government of Canada and the chartered banks only are authorized to issue paper money. The Government currency is issued in denominations of four dollars, two dollars, one dollar, and twenty-five cents ; no bank being permitted to issue notes for less sum than five dollars, or for any sum not a multiple of five dollars. The Dominion note issue is limited to $21,000,000. $1 1,000,000 of the Dominion note circulation are in notes of $500 and $1,000, and are principally held by the banks as part of their cash reserve. In order to secure the redemption of Dominion Government notes, the Minister of Finance is required to hold in gold and securities guaranteed by the Imperial Government, a sum c(|u;il to 25 per cent, of the amount issued, of which 15 per cent, must be iit gold and 10 per cent, in guaranteed securities^ — the lemaining 75 per cent, to be covered by Dominion debentures, issued by authority of Parliament. The development of banking business in Canada is seen from the following statement : If 86 BANKING LA W OF CANADA. 1871 1881 iSqi Capital Paid Up, Per Head of Population. $10.30 13-76 12.56 Circulation Per Head. $5.75 6.60 6.54 People's De- posits Per Head. $15-48 21.81 30.70 People's Dis- counts Per Head. $23.33 27.04 35.40 Liabilities. Assets. $22.07 29.40 38.75 I34.46 46.38 55-72 In addition to the capital paid up in 1891, the reserve fund of the hanks in that year amounted to $4.72 per head of population. The first chartered bank to suspend business since Confederation (1867) was the Commercial Bank of New Brunswick. The Bank of Acadia (Liverpool, N. S.), suspended in 1873 : the Metropolitan Bank of Montreal in 1877; the Mechanics' Bank of Montreal, the Consoli- dated Bank of Montreal, the Bank of Liverpool, N. S., and the Stadacona Bank of QueDec, in 1879 ; the Exchange Bank of Canada, in 1883; ^^e Maritime Bank, of St. John, N. B., the Pictou Bank, the Bank of London, Ont.. and the Central Bank of Canada retired from business in 1887, and the Federal Bank in 1888; the Commercial Bank of Manitoba closed its doors in 1893. In all, fourteen banks have suspended, representing assets of over $22,000,- 000, and liabilities of over $15,000,000. The Commercial Bank of Manitoba failed in July, 1893. The notes of the bank were all paid in full soon after the failure. The following table gives average paid up capital, assets, liabilities, and other particulars of the various banks in operation in the years 1870, 18S0, 1890, and 1893, since Confederation, according to the returns made to the Government as required by the Bank Act. Year. 1870 1880 1890 1893 C.ipitnl Paid Up. •33.031. »49 60,058,117 59.974.9> 33,811.931; Total on De- posit, Total of Dft* countK to the Pwpl*. $48.763.305 ' $^.6,376,961 85.303.8'4 ! 103.166,115 I35.54«.7"4 153.301.335 174.776,722 1 305,623,042 Liabllitiei. $65,685,870 ill.838.(>4i 173.207,587 ai7.i95.975 Amett. $103,197,103 184,376,100 254. 546.339 303,696.715 ^rtiStr' • ■i »iiiii< M t rJ • * t ,BHr»»-