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Les diagrammes suivants lllustrent la mithode. 1 2 3 4 5 6 B AN ACT TO RENEW THE CHARTER Of THE BANK OF MONTREAL, AND TO INCREASE ITS CAPITAL STOCK. ASSE NTED BY HER MAJESTY. IN HER PRIVY COUNCIL. Uth MARCH. 1942. Montreal t PRINTED BY LOVELL & GIBSON, ST. NICHOLAS STREET. 1842. B V cerl Lo\ ty't son tor Pel of the ex en ad tiv bU m ui AN ACT TO RENEW THE CHAaTER OF THE BANK OF MONTREAL, /ND TO INCREASE ITS CAPITAL STOCK. 18th September, IS-ll. — Presented for Her Majesty's Assent, and reserved " for the signification of Her Majesty's pleasure thereon." 11th March, 1842. — Assented by Her Majesty, in Her Privy Council. 27th April, 1842. — The Royal Assent signified by the Proclamatiofu of His Excellency Sir Charles Bagot, Governor General. Y\/'HEREAS, the President and Directors of the Corporation Preamble. created and constituted by, under and in virtue of a certain Ordinance of the Legislature of the heretofore Province of Lower Canada, made and passed in the first year of Her Majes- ty's Keign, intituled Jin Ordinance to Incorporate certain per- sons therein named, under the name of " The President, Direc- tors and Compnnij of the Bank of Montreal,''^ have by their Petition, prayed, on behalf of the said Corporation, for a new Act of Incorporation, extending their powers and privileges and au- thorizing them to increase their Capital Stock ; and whereas it is expedient to grant the prayer of the said Petition ; Be it therefore enacted by the Queen's Most Excellent Majest}', by and with the advice and consent of the Legislative Council and of the Legisla- tive Assembly of the Province of Canada, constituted and assem- bled by virtue of and under the authority of an Act of the Parlia- ment of Great Britain and Ireland, intituled " »dn Act to Re- unite the Provinces of Upper arid Lower Canada, and for the Government of Canada," and it is hereby enacted by the authority Corpora- linn ixtilll- iKsllt'd. Name. ("orporafc |1IIWCIS. Alrioillit ut Slock, of tlic same, (liat (lie Honorable Peter Mc(JilI, llio Honorable Joseph Massoti, Thomas B. Anderson, Joliii Torrance, William Lunn, John Molson, James Logan, John Rcilpath, Joseph Shuler, Jiiitics B. (ireenshiejds, Charles Brooke, John M. Tobin, anil Jolin G. McKenzie, all of the City of Montreal, in this Province, anil such other persons aa now arc Shareholders of the Capital Stock of the Corporation, created and constituted by Mie Ordinance yforesaid, and their respective Heirs, Executors, A.dminlotrators, and Assigns, shall be and tliey are hereby constituted a Body Cor- porate and Politic, in fact, and in name, by and under the name, stylo and title of " The Bank of Montreal," and as such shall, during the continuance of this Act, have succession and a com- mon seal, with power to break, renew, change, and alter the same at pleasure ; and shall be capable of suing and being sued, and of pleading and being impleaded in all Courts of law and equity, and other places, in all manner of actions, causes, and matters what- soever 5 and for the convenient management of their business, but for no other purpose, shall and may purchase, acquire, and hold real or immoveable estates and property, not exceeding the yearly value of two thousand pounds, current money of this Province; and may sell, alienate and dispose of the same, and purchase, acquire and hold others in their stead, not exceeding in the who'o the yearly value aforesaid. n. And be it enacted, that the Capital Stock of the said Cor- poration hereby constituted, shall be the sum of Five Hundred Thousand Pounds, current money of Canada, divided into ten thousand shares of fifty pounds each, ((he same being the paid-up Capital Stock of the Bank incorporated by the Ordinance afore- said,) ^vhich shares are hereby vested in the present holders or proprietors thereof, according to their respective Interest in the same. lorr.MF.Mif HI. And be it enacted, that it shall and may be lawful for the Smrk pro- vhkd lor. Corporation hereby constituted, to add to the Capital Stock thereof, the sum of Two Hundred and Fifty Thousand Pounds, current 5 money of Canada^ divided into Five Thousand Sliaros, of Fifty I'oiinda each : Provided, that the said five thousand shares he Dubscrihed for within eighteen months, and be wholly paid up within two years, from and after the passing of this Act. IV. And be it enacted, that the Books of Subscription for the Capital Stock, by the two preceding sections of this Act, respec- tively, authorized to be added to tlie Capital Stock of the said Corporation, shall be opened by such persons, at such times and places, and under such regulations as to the Directors of the said Corporation shall seem meet; and the shares of Capital Stock thereupon subscribed for, shall be paid in and by such instrJmenls, and at such times and places as the said Directors sliall appoint ; and Executors, Administrators and Curators paying instalments upon the shares of deceased Shareholders, shall be, and they are hereby respectively indemnified for paying the same ; Provided always, that no share or shares shall be held to be lawfully sub- scribed for unless a sum equal to ten pounds per centum on the amount subscribed for, be actually paid at the time of subscribing. V. And be it enacted, that if any Shareholder or Shareholders shall refuse or neglect to pay any or either of the instalments upon his, her or their shares of the said Capital Stock, at the time or times recpiired by public notice as aforesaid, such Shareholder or Shareholders shall incur a forfeiture to the use of the said Corpo- ration of a sum of money equal to ten pounds per centum on the amount of such shares ; and moreover, it shall be lawful for the Directors of the said Corporation (without any '-;':;vious formality, other than thirty days of public notice of their iriic»-.(ion,) to sell at public auction the said shares, or so many of the said shares as shall, after deducting the reasonable expenccs of the same, yield a sum of money sufiicient to pay the unpaid instalments due on the remainder of the said shares and the amount of forfeitures in- curred upon the whole ; and the President, or Vice President, or Cashier of the said Corporation, shall execute the transfer to the purchaser of the sharea of Stock so sold, and such transfer being Siilnn i|i- tiiMI llif 111 w Sli.ck. niPlils on now Stuck liMW 111 be |ialil np. 6 Clue fMcat III l)(l!y the SharehoMcrs at their annual general meetings, or by a fixed salary ; and in the latter case for the purpose of Bt-curing tn the Corpora- tion the undivided attention and services of the President, it hIiqII be lawful for the Directors, if they see fit, to choose and appoint annually from anionic theinscIveH, a person duly (pialificd wlio nhail be President of the Corporation nnti to award to him surh remuneration for his services, as they in their judgment shall see fit, anything hereinbefore contained to the contrary notwithstanding. XIV. And be it enacted, that the Directors of the said Corpo- ninnon ration shall have power to ppoint such Cashiers, Officers, Clerks, (im"'.'! « "V llni Bitiik, and Servants under them as shall be necessary for conducting the business of the Corporation, and to allow reasonable compensa- tion for their services respectively ; and shall also bo capablo of exercising such power and authority for the well governing and ordering of the afiairs of the Corporation as shall be prescribed by the by-laws thereof: Provided always, that before permitting any Cashier, Officer, Clerk or Servant, of the Corporation to enter upon the duties of his office, the Directors shall require every such j„!"'",'''''"j Cashier, Officer Clerk or Servant, to give bond, to the satisfaction "^'^"'"J' of the Directors ; that is to say : every Cashier in a sum not less tlian five thousand pounds, current money of Canada, and every other Officer, Clerk, or Servant, in such siuu of money as the Directors consider adequate to the trust to be reposed, with con- ditions for good and faithful behaviour. XV. And be it enacted, that it shall be the duty of the Direc- DivKiendg tors to make half-yearly dividends of so much of the profits of the Corporation as to them shall appear advisable ; and suoh dividends shall be payable at such place or places as the Directors shall appoint, and of which they shall yve public notice thirty days B 10 Proviso. Annual previously : Provided always, that such dividends shall not in any manner lessen or impair the Capital Stock of the Corporation. XVI. And be it enacted, that a general meeting of the Share* be^siTmmod holders of the Corporation shall be held in the City of Montreal on hoiJera, the first Monday in the month of June, in every year during the con- tinuance of this Act, for the purpose of electing Directors in the manner hereinbefore provided, and for all other general purposea touching the affairs, and the management of the affairs of the Cor- poration ; and at each of the said annual general meetings, the Directors shall submit a full and clear statement of the affairs of the Corporation, containing, on the one part, the amount of Capital Stock paid in, the amount of notes of the Bank in circulation, the net profits in hand, the balances due to other Banks and Institu- tions, and the cash deposited in the Bank, distinguishing deposits bearing interest from those not bearing interest, and, on the other part, the amount of current cuins and gold and silver bullion in the vaults of the Bank, the value of buildings and other real estate belonging to the Bank, the balances due to the Bank from other Banks and Institutions, and the amount of debts owing to the Bank, including and particularizing the amounts so owing on bills of exchange, discounted notes, mortgages, and hypothdques, and other securities ; thus exhibiting on the one hand the liabilities of, or debts due by the Bank ; and on the other hand, the assets and resources thereof; and the said statement shall also exhibit the rate and amount of the then last dividend declared by the Directors, the amount of profits reserved at the lime of declaring such dividend, and the amount of debts to the Bank overdue and not paid, with an estimate of the loss which may probably be incurred from the non-payment of such debts. XVII. And be it enacted, that the number of votes which the Shareholders of the said Corporation shall respectively be entitled to give at their meetings, shall be accordiiig to the following scale, that is to say : for one share and not more than two, one vote ; for overy two shares, above two and not exceeding ten, one vote ; Numbrr Voles wliK 1] tach Siock- holrJcr shall liOVt'. any 11 making five votes for ten shares ; for every four shares above ten and not exceeding Ihirly, one vote, making ten votes for thirty shares ; for every sis shares above thirty, and not exceeding sixty, one vote, making fifteen votes for sixty shares j and for every eight shares above sixty, and not exceeding one hundred, one vote, making twenty votes for one hundred Shares ; and no Shareholder shall be entuled to give a greater number of votes than twenty ; and it shall be lawful for absent Shareholders to give their votes by Proxy. proxy, such proxy being also a Shareholder, and being provided with a written authority from his constituent or constituents ; in such form as shall be established by a by-law, and which authority shall be lodged in the Bank : Provided always, that a share or shares of the Capital Stock of the said Corporation, that shall have been held for a less period than three Calendar Months immediately Proviso. prior to any meeting of the Shareholders, shall not entitle the holder or holders to vote at such meeting, either in person or by proxy : Provided also, that where two or more persons are joint holders of shares, it shall be lawful, that one only of such joint Jointown- ' . ers of Stock. holders be empowered by Letter of Attorney from the other joint ho'der or holders, or a majority of them, to represent the said shares and vote accordingly : And provided also, and it is hereby enacted, that no Shareholder who shall not be a natural born, or naturalized subjectofHer Majesty, or who shall be a subject of any Alieni not Foreign Prince or Slate, shall, either in person or by proxy, vote t ■ vote. at any meeting whatever of the Shareholders of the said Corpora- tion, or shall assist in calling any meeting of the Shareholders, any thing in this Act to the cont'-ary notwithstanding. XVIII. And be it enacted, that no Cashier, Bank Clerk or other Officer of the Bank shall either vote in person or by proxy at any meeting for the election of Directors, or hold a proxy for that pur- pose. XIX. And be itenacted,that any number not less than twenty, of Exiraor- ' dinary gene- the Shareholders of the said Corporation, who together, shall be pro- ho^"J**[ejf' prietore of at least five hundred and fifty shares of the paid up Capital 12 M.llviM'.i.l- Slock ofllie Corporation, by themselves or proxies; or the Direc- tors of the Corporation, or any seven of ihem, shall respectively have power at any time to call a special general meeting of the Shareholders of the Corporation, to be held at their usual place of meeting in the City of Montreal, upon giving six weeks previous |)ublic notice thereof, and specifying in such notice the object or objects of such meeting ; and if the object of any such special general meeting bo to consider of the proposed removal of the Presi- dent, or Vice President, or a Director or Directors of the Corpo- ration, for mal-administration or otiier specified and apparently just cause, then and in such cases, the person or persons whom it shall be HO proposed to remove, shall, from the day on which the notice shall fust be published, lie suspended from the duties of his or their ollico or olTices, and if it be the President or Vice Presi- dent, whose removal i^hall be proposed as aforesaid, his Oflice shall be filled up by the remaining Directors, (in the manner hereinbefore provided in the case of a vacancy occurring in the Ollice of President, or Vice President) who shall choose or elect a Director to serve as such President or Vice President, during the time such suspension shall continue or be undecided upon. Siiick (ci lii< ptM.Hiiiial iiiii|i,'r(y. llT.llllf. XX- And be it enacted, that the shares of the Capital Stock of the said Corporation, shall be held and adjudged to be personal estate, and be transmissable accordingly ; and shall be assignable and transl'erable at the Bank, according to the form of schedule A, annexed to this Act ; but no assignment or transfer shall be valid and etVeotual unless it be made and registered in a book or books to be kept by the Directors for that purpose ; nor until the person or persons making the same shall previously discharge all debts actually due by him, her, or them, to the Corporation, which may exceed in amount the remaining stock (if any) belonging to such person or persons ; and no I'ractional part or parts of a share, or other than a whole share, shall be assignable or trans- lorablo : and when any share or shares of the said Capital ^tock, shall have been sold under a writ of execution, the 15 f Sheriff by whom the writ shall liave been pxccjilcil sinll witliin thirty days after the sale, leave with the Cashier of the Corpora- tion, an att'^sted copy of the writ, wiih the certificate of such Sheriff id ther ,'h til lie lit 1, certilying to wnoin iiic saie iias ooi made ; as- (hereupon Tbut not until after all debts due by llic original holder or holders of the said shares to the ('orporalion shall have been discharged as afoiesaid,) the President or Vi<'e President, or Cashier of the Corporation, shall execi.tc the transfer of the share or shares so sold, to the purchaser, and such transfer, being duly accepted, shall be, to all intents and purposes, as valiil and effectual in Law, as if it had been executed by the original holder or holders of the said shares, any Law or usage to the con- trary notwithstanding. XXL And be it enacted, that the said Corporation hereby con- stituted shall not, either directly or indirectly hold any lands or tenements (save and except such as by the first section of this Act they are specially authorized to acquire and hold,) or any ships or other vessels, or any share or shares of the Cajiital Stock of the Corporation, nor in any other Bank in this Province, nor shall ihe said Corporation either directly or indirectly lend money or make advances upon the security, mortgage or hypothecation (hypo- thdque,) of any lands or tenements, or of any ships or other vessels; nor upon the security or pled^^e of any share or shares of the Capital Stock of the Corporation, or of any Goods, Wares or Merchandize, nor shall the said Corporation, cither direct'y or indirectly, raise loans of money, or deal in the buying, selling or bartering of Goods, Wares or Merchandize, or engnge, or be engaged in any trade whatever, except as dealers in gold and silver bullion, bills of exchange, discounting of promissory notes and negotiable security, and in such trade generally as legitimately appertains to the business of Banking; Provided always, that the said Corporation may take and hold mortgages and hypothcque on real estates and property in this Province, by way of additional III Wllil llli^ lillr-ilji (.1 ihr Cd p I'lli'ilJ bliall t'uiis 14 Disciiuiita (ind advanc- es to Direc tun liiniled. security for ilebta coiilraclcd to the C» poration in the course of their dealings. XXII. Anil be it enacted, that the nggregate amount of discounts and advances made by the said Corporation upon commercial paper or securities bearing the name of any Director or Officer, or the co-partnership, name or firm of any Director of the said Corporation, shall not at any one time exceed one third of the total amount of discounts or advances made by the Corporation, at the same time. Interests XXTII. And be it cnactcd, that it shall and may be lawful for 1)6 taken or allowed the the Said Corporation to allow and pay interest, (but not exceeding the legal rate of interest in this Province,) upon monies deposited in the Bank ; and also it shall and may be lawful for the Corpo- ration, in discounting promissory notes or other negotiable securities, to receive or retain the discount thereon, at the time of the dis- counting or negotiating the same ; any law or usage to the contrary notvvithstanding. „ „ , XXIV. And be it enacted, that the bonds, obligations and bills, How Bonds, ' » b » t^e'c.iniora^ obligatory and of credit, of the said Corporation, under the common Higned,'«ic. seal, and signed by the President or Vice President, and counter- signed by a Cashier thereof, which shall be made payable to any person or persons, shall be assignable by indorsement thereon, under the hand or hands of such person or persons, and of his, her or their assignee or assignees, and so as absolutely to transfer and vest the property thereof in the several assignees, successively, and to enable such assignee or assignees to bring and maintain an action or actions thereupon in his, her or their own name or names; and signification of any such assignment by indorsement shall not be necessary, any law or usage to the contrary notwithstanding ; and bills or notes of the Corporation signed by the President or Vice President, and countersigned by a Cashier thereof, promising the payment of money to any person or persons his, her, or their order or to the bearer, though not under the seal of the Corporation, shall 15 ft S V be binding and obligatory upon the Baiiie in the like manner, and with ilie like force and efTcct as they would be upon any private person or persons, if is^sued by him, her or them, in his, her or their private or natural capacities, and ghall be assignable or negotiable in the like manner as if they were so issue*', by such private person or persons : Provided always, that nothing in this Act contained shall be held to debar the Directors of the Corporation from autho- rizing or deputing from time to time any Cashier or Officer of the Corporation, or any Director, other than the President or the Vice President, or any Cashier, Manager or local Director of a Branch or office of discount and deposit of the said Corporation, to sign, and any Cashier, Accountant or Book-keeper of the said Corpora- tion, or of any Branch, or Office of discount and deposit thereof, to countersign the bills or notes of the said Corporation intended for general circulation, and payable to order, or to bearer, on demand. X XV. And be it enacted,that the notes or bills of the said Corpo- Biiia to ba 1 ■ < ■ 1 • 1 1 z' payaljle in ration made payable to order, or to bearer, and uitenued for general specie. circulation, whether the same shall issue from the chief place or seat of business of the Corporation in the City of Montreal, or from any of the branches, shalt bear date at the place of issue and not elsewhere ; and shall be payable on demand in specie at the same place of issue; and that each and every office of discount and deposit established or hereafter to be established, under the management or direction of a local Board of Directors shall be considered and held to be a Branch Bank and subject to the res- triction as to the issuing and redemption of notes provided in this Act. XXVI. And be it enacted, that a suspension by the said Cor- suspen. /••I ii-ri e I • sion oC specie poration (either at the chief place or seat of busmess in the said puymenw Leyoiiii a City of Montreal, or at any of tlu^ir branches or offices of discount {"loltcuTCa and deposit at other places in this Province,)of payment on demand, Jili"Bank.'^ in Specie, of the Notes or Bills of the said Corporation payable on demand, shall, if the time of suspension extend to sixty days, con- secutively or at intervals, within any twelve consecutive months. I(i Notes iiiuler £1 uiicli. oporalo nsand \n\ a forfi-itiiro of this Act of Inrorpnration, anil all and every the privileges hereby granted. XXV'II. And be it enacted, that the total amoijnt of the Notes or Bills of tlie said Corporation, being for a less sum than one pound, current money of Canada, each, that shall be or may have been issued and put in circulation, shall not exceed at any one time one fifth of the amount of the Capital Stock of the Corpora- tion then paid in ; Provided always, that no notes under the nomi- Nni.fi im- nal value of five shillinys shall at any time be issued or put into circulation by the Corporation, nor shall any further limitation by the Legislature of the total amount of notes to be issued or reissued by the said Corporation be held to be any infringement upon the privilege hereby granted. dcr ja Lialtililicd of t)[i! Ciir. ))i>ra(l'iii iidi lo uxreinl ii t'Pitaiii ii- liKUint. Dircptnrii not liable lor p vrcsa i ••eriain oas- es. XXVIII. And be it enacted, that the total amount of the debts which the said Corporation shall at any time owe, whether by bond, bill, note or otherwise, sliall not ^xceed three times the aggregate amount of the Capital Stock paid in and tlic deposits made in the Bank, in specie and Government securities for money, and at no one period after the passing of this Act shall the notes or bills payable on demand and to bearer exceed the amount of the actually paid up Capital Stock of said Corporation ; and in case of excess, the said Corporation sho'l forfeit this Act of In- corporation and all the privileges hereby granted ; and the Direc- tors under whose administation the excess shall happen, shall be liable jointly and severally for the same, in their private capaci- ties, as well to the Shareholders, as to the holders of the bonds, bills and notes of the Corporation ; and an action or actions in this behalf may be brought against them, or any of them, and the heirs, executors, administrators or curators of them, or any of them, and be prosecuted to judgment and execution according to law, but such action or actions shall not exempt the Corpora- tion, or their lands, tenements, goods or chattels from being also y"'' liable for such excess : Provided always, that if any Director pre- sent at the time of contracting any such excess of debt, do fortli- the grar assil evej andl liar Proi of] 17 with, or, if any Director ubsent at the time of contracting any such excess of debt, do within twenty-four hours after he shall have obtained a knowledge thereof, enter on the minutes or register of proceedings of the Corporation, his protest against the same, and do, within eight days thereafter publish such protest in at least two newspapers published in the City of Montreal, such Director may thereby, and not otherwise, ex- onerate and discharge himself, his heirs, executors, and ad- ministrators or curators from the liability aforesaid, any thing herein contained, or any law to the contrary notwithstanding : And provided always, that such publication shall not exonerate any Director from his liability as a Shareholder* XXIX. And be it enacted, that in the event of the property stick- ' 1 J ^ Iml.lcrs I., be and assets of the Corporation hereby constituted, becoming insufli- '[^''''f '||'^ , cient to liquidate the liabilities and engagements or debts thereof, ,'Jloi""',,!j'pi'c- the Shareholders of the Corporation, in their private or natural capacities, shall be liable and responsible for the deficiency, but to no greater extent than to double the amount of paid up Capital; that is to say: that the liability and responsibility of each Sharehol- der shall be limited to the amount of his or her share or shares of the said paid up Capital Stock, and a sum of money equal in amount thereto: Provided always, that nothing in this section contained shall be construed to alter or diminish the additional liabilities of the Directors of the Corporation hereinbefore mentioned and de- clared. live shared. XXX. And be it enacted, that this Act of Incorporation, and The cor. pnration the privileges hereby granted to the said Corporation, is and are hereby con- granted upon the express condition that the said Corporation, shall J'i'^I.'ie al,'ii assume and pay, and shall be held, bound and liable to pay all and liabilities uf ii oerlain every the notes and bills in circulation, and all others the debts ('orporation ^ ami Assocm.. and liabililies of the Corporation, constituted by an Act of the Par- """• liament of that part of this Province heretofore constituting the Province of Lower Canada, passed in the first year of the Reign of His Majesty, King George the Fourth, of blessed memory, chap. G 18 25, intituled, Jin Jld JjT incorporating certain persons therein named tender the name of The President, Directors and Company oj the Bank of MontreuV ; and of the Association which on the first day of June, in the year one thousand eight hundred and thirty- seven, when the Corporate powers of the said Corporation ceased and determined, assumed and carried on the business thereof; and of the Corporation constituted by, and now existing in the said City of Montreal, under the Ordinance hereinbefore mentioned, enacted in the first year of Her Majesty's Beign, chap. 14, and intituled, Jin Ordinance to incorporate certain persons therein named under the name of 'The President, Directirs and Company of the Bank of Montreal,* respectively ; and the Corporation by this Act constituted by the name of The Bank of Montreal,' shall be and they are hereby empowered and authorized, in their said corporate name, to demand, sue for, recover and receive all the debts remaining due and owing to the aforesaid Corporation, whose powers ceased and determined as aforesaid, to the said association which assumed and carried on the business thereof as aforesaid, and to the Corporation now existing in the said City of Montreal as aforesaid, respectively, in like manner and as cflectually as if the said debt were contracted with and had become due <age or cus- tom to the contrary notwithstanding. stnte. XXXI. And be it enacted, that besides the detailed statement Jiff "irVof the of the affairs of the said Corporation hereinbefore required to be Coriioralion to be pub- laid before the Shareholders thereof, at their annual general meet- lialied 111 the screduieB* ^"8> ^^® Directors shall make up and publish, on the first days of March and September, in every year, statements of the assets and liabilities of the Corporation, in the form of the Schedule B. here- unto annexed, shewing under the heads specified in the said form, the average of the amount of the notes of the Corporation in cir- culation and other liabilities, at the termination of each month during the period to which the statement shall refer, and the aver- age amount of specie and other aesests that, at the same times, Con indi any or a be diss< advi this Ooveriior niAy la |ii iro 19 wore avaible to meet the same : and it shall also be the duty ofthe \)irector8 to submit to the Governor, Lieutenant Governor or Per- son administering the Government of this Province, a copy of each of such half yearly statements ; and if by hini required to verify all or any part of the said statements, the said Directors shall verify the same by the production of the weekly or monthly, balance-sheets, from which the said statements shall have been compiled ; and furthermore, the said Directors shall from time to time, when required, f'irnish to the said Governor, Lieutenant [i'r,'nauoii" Governor, or Person administering the Government of this Province, such further information respecting the state and proceedings ofthe Corporation, and of the several branches and oflices of discount and deposit thereof, as such Governor, Lieutenant Governor or Person administering tlie Government ofthis Province, may reason- ably see fit to call for: Provided always, that the weekly or monthly balance sheets, and the further information that shall be so pro- duced and given, shall be held by the said Governor, Lieutenant Such in- rurinalkiii Governor or Person administering the Government of this Pro- ""' in bedi. vince, as being produced and given in strict confidence that he shall not divulge any part of the contents of the said weekly or monthly balance sheets, or ofthe information that shall be i^o given: And provided also, that the Directors shall not, nor shall anything Proviso. herein contained be construed to authorize them or any of them to make known the private account or accounts of any person or persons whatever having dealings with the Corporation. XXXII. And be it enacted, that it shall not be lawful for the Corpora- tion not to Corporation hereby constituted, at any time whatever, directly or '9'"i'u'>"y indirectly, to advance or lend to, or for the use of or on account of P""*"^' any foreign Prince, Power or State, any sum or sums of mon- y, or any securities for money : and if such unlawful advance or loan be made, then and from thenceforth the said Corporation shall be dissolved, and all the powers, authorities, rights, privileges and advantages hereby granted shall cease and determine, any thing in this Act to the contrary notwithstanding. 20 In what XXXIII. And be it enacted, that the several public notices by piiimsheti. ' ^ '^'i" ^^^ required to be given, shall be given by advertisement in two or more of the nevvppapers published in the Citj rf Montreal, and tlio Quebec Gazette, or such other Gazette as shall be gene- rally known and accredited aa the OHlcial Gazette for the publica* tion of Oiliciai documents and notices emanating from the Civil Government of this Province, shall be one. ofTirersof XXXIV. And be it enacted, that if any Ofllccr, Cashier, Ma- lltn Bank ^ • o ,« i r^ • t « ■ » BiTiiirzziMig nager, Clerk or Servant of the Corporation hereby constituted, shall secrete, embezzle, or abscond with any bond, obligation, bill, obligatory or of credit, or other bill or note, or with any security for money, or money, or eflecis intrubted to him aa such Officer, Cashier, Manager, Clerk or Servant, whether the same belong to the said Corporation, or belonging to any other person or persons, body or bodies politic or corporate, or institution or institutions, be lodged and deposited with the said Corporation, the Officer, Cashier, Manager,CIerk or Servant so offijnding, and being thereof convicted in due form of law, shall be deemed guilty of felony. Pnnisii- XXXV. And be it enacted, that if any person or persons shall mciii 111 per- HoiiH niririti? forge or counterfeit, the Common Seal of the Corporation hereby lii'atkHi "^" constituted, or shall forge or counterfeit, or alter any bond, obliga- tion, bill obligatory or of credit, or other bill or note of the said Corporation or any indorsement or indorsenienls thereon, with an intention to defraud ijie said Corporation, or any person or persons, body or bodies politic or corporate, or institution or institutions whomsoever and whatsoever ; or shall offer or pass any forged, counterfeit or altered bond, obligation, bill obligatory or of credit, or other bill or note of the said Corporation, or indorsement or indorse- ments thereon, or shall demand the money therein mentioned, knowing the same to be forged, counterfeit or altered, every such person, for every such offi^nce, upon conviction thereof indue form of law, shall be deemed and adjudged to be guilty of felony. nirm"of),i- XXXVI. And be it enacted, that if any person shall engrave, ("."gpuIai^Jc form, make or mend any plate or platen, paper rolling-press or I 2\ jcCB by lent in ^ntreal, gene- lublica'' Civil other tool, inetrumeiilor material devised, adapted or designed for stamping, forging or making any false or counterfeit bill of ex- change, promissory note, undertaking or order, for the payment of money, purporting to be the bill uf exchange, promissory note, undertaking or order of the said Corporation, or of any of tho oiricerii, or pereons engaged in the management of the alTaira of the said Corporation, in the name or on the behalf thereof, or shall have in his possession any such plate or plateif, en- graven in any part, or any such paper, rolling press or other tool, instrument or material, devised, adapted or designed as aforesaid, with the intent to use and employ the same, or to cause or permit the same to be used and employed in forging and mak- ing any such false and counterfeit bills of exchange, promissory noios, undertakings or orders, every person so offending shall be deemed and taken to be guilty of felony, and the proof that such plate, paper, rolling-press or other tool, instrument or material, aa aforesaid was formed, made, engraved or mended by or was in the M possession of such person for some lawful purpose shall lie upon him or her. XXXVII. And be It enacted, that every person convicted of felony under this Act shall be punished by imprisonment at hard labor in the Provincial Penitentiary for any term not less than seven years, or by imprisonment in any other Gaol or place of confinement for any term not exceeding two years. XXXVIII. And bo it enacted, that it shall and may be lawful r-wf "•" soar(liiii2 lui" to, and for any one Justice of the Peace, on complaint made before CMiMiirir. it 'J ' ' bills, I'latt^u, him, upon the oath of one credible person, that there is just cause '""'"' *""* to suspect that any one or more person or persons is or are, or hath or have been concerned in making or counterfeiting any such false bills of exchange, promissory notes, undertakings or orders as afore- said, by warrant under the hand of such Justice, to cause the tlie first yeor of Her Majcuty's Reign, and |j*,'"[;y"' intituled Jin Oniinance to incorporate certain persona therein named, under the name of " The Prerideni^ Directors and Com- puny of the Bank of Montreal^ t\\o\\ bo, and the saino in hereby repealed, and the Corporation by tho said Ordinance constituted, and all and every its aKsets, pro|i('rty and eflecti and rights and ■ntorcstH, shall become and be, and they are hereby merged and vedtcd in the Corporation ')v this Act < onstitutcd. XLt. And be it enacted, that nothing in this Art contained shall Ri:!htH not in any manner derogate from or affect, or bo construed to derognto •'^'=";'|' '" ^* from or alfectthe rights of Her Majesty, Her Heira and Successors, or of any person or persons, or of any body or bodies politic or cor* porate, except in so far aft tho same may be specially derogated i'rom or affected by the provisions of this Act< XLU. And bo it enacted that this Act shall be held and taken rubiic Act. to be a Public Act, and shall be judicially taken notice of, and have the effect of a Public Act without being specially pleaded. XLHI. And be it enacted, that this Act shall be and remain in nuration force until the first day of June which will be in the year of our Lord, one thousand eight hundred and sixty-two and from that time until the end of the then next Session of the Parliament of this Province, and no longer. 24 FORM OF SCHEDULE, A. Referred to in the twentieth section of the foregoing ^d. For value received from I> (or we,) of , do hereby assign and transfer unto the said shares, (on each of which has been paid, pounds shillings. Currency, amounting to the sum of pounds, shillings) in the Capital Stock of the Bank of Montreal, subject to the rules and regulations of the said Bank. Witness my (or our) (hand or hands) at the said Bank, Ihia day of in the year, one thousand eight hundred and (Signatures.) I (or we) do heret.y accept the foregoing assignment of shares in the Stock of the Bank of Montreal, assigned to me (or us) as above mentioned, at the Bank, this day of one thousand eight hundred and (Signatures.) 25 FORM OR SCHEDULE. B. Refered to in the thirty-first section of the foregoing Act. -a .2 1.00 c 9 a a o c PQ J3 O m J3 B 3 O E <1 bO ra u > •^. JS v] o S OS'- bO s - 00 « 00 m 00 O Z £oo o -< r»5 SU u «t{ t^ ^ «H -H «^ Note or B.l »l.ull . ^^ ^^^^ j,^,,^ ,„ ,,„Cu.uer.l,a.UM,clo.e..,o.an. e^^^ Uepat,n.uU,u„te.o.l>env«orauuUn FIFTEENTH. lakes wbalever. f ^, n^c Ba.* ll.rce No,« a,Hl Bin. for coUeCoa mu . ^^ j^,,, ^„j„, ,,„^, „t ,ca.t telbro U,ey come due, £ii Will be received. .^ ^,,„,| ,,e ,,c,- A copy or *i. Bylaw, c«"f-^ 'y .„ ,,„ b,,,^, „pe„ .o „auen,ly aff.xcd in some conn«cuou. place the pviblic. SIXTEENTH. , , r .ho Prc'ldei.1, or, in W3 absence, of ibo ,. ,,a,l be *e du.y o * J>- J ^_^_^^ ^_,^^,_„^„, ^^ „„ V-I--^-'''V: \:Lb,era,>do„eormoreorU,o ''""^' ■•" ':::: a 1 acco... of .be I3a,* Bms, Pos. Notes Directors; to take an e.a ^^ ^^^^ ___^_^^|^^_ ^^ ^^ „,„,,, „„d money on h-^' »' ^ \,_^ j.„,a,„. „, Vice President may oaenor, and at sucb t.mes '^' '^^ ^^ ^„^ p,,„a,„„ or Vice tb-mk l>roi.=f "> "''f'"''l,,.„ or Directors shall be recorded President, an.3 ot the sa,d B recto ^^ ^^ ^_,j „„ „.e b,.„l» of the BanU. ''■^^^ l^J^ .He interest ,„m,t,y to »-^- ''■--- X::, „,„w,edae,or which may „f 0,e Bank, tvlneb may -» ° ^^ ^,, „„ „„,k, „ by any ,„ comm..nicatcd to him by the o be ^.^^^^ ^^ ^,^^ „a,cr persons, to cxandne the bond= S.ven by 43 B.ink, to retain in liis possession tliat j^iven by the Cashier, and o deliver over tlie others to him for safe keeping ; 1o cause a special meeting of tlie Directors to be convened whenever tlie circiim- RlanCes of the Bank may, in his opinion, require it, SEVENTEENTH. Tt shall be tlie duty of tlie Cashier to cause the Oflicor«, Clerks, and servants of the Rank, to attend to and execute their respec- tive duties, in conformity to such rules and regulations as may bo prescribed by the Board of Directors; to take the general superin- tendence of the concerns of the Bank, and in case of actual delin- quency, negligence, or improper cond«:ct, or in case of suspicion thereof, of any person employed therein, to make an immoJiateand full communication to the President or Vice-President, of the know- ledge he may possess, or of the suspicions he may entertain res- pecting such persons ; to present to the Directors at every meeting, an exhibit of the state of the Bank, to counlcr-ign Bills or Notes signed by the President or Vice-Prcaident, or oilier person deputed by the Board, to see that the books and accounl:^ are kept in an orderly and methodical manner, under the direction of the Presi- dent or Vice President, and never to sufler iheiu 'o be behind the business of the day, to the end that, whenever a clear and perfect exhibit of the state of the Bank shall be reqiiired, it may be spee- dily procured ; daily to examine the settlement of the cash acconnts of the Bank ; and, whenever the actual amount disagrees with the balance thereof, report the same to the President and Directors without delay. The Cashier shall have the charge of all the Bills, Notes, obliga- tions, money, deposits and pledges ; at the close of the business of each day, he shall have the whole thereof in his possession, and see that the same are safely deposited in the vaults of the Bank, one of the keys of which shall always remain in his own posses- sion. It shall also be the duty of the Cashier, to procure the necessary books, scales, weights, andstaiionary, for the ufc of the Bank. It snail also be the duty of the Cashier to record the votes aiul proceedings of the Board of Directors ; promptly to furnish a i ■ I If 44 in writing to each D.«ttor (,i,,,im„„ of H.e »rl»'"'- r„-,nto.> to 6'.ve notice l. wr,t,„g to . « ^^^ ^^^ ^„,^. „,,,, Lnt, ana U» object, it re,ue.ea^U^^^^ ^^^^ ^^^^^^^ ^^__^^^__^„,^ Ca,l,ier to make or cause to ^ ,„,„,p„„,i„n, anJ to ,e<„tire,l by tbe 31.t Sect.ot o *»J^; , „„ ,„ „,,. .u,- of ,„V,i.H t„o. "■"f^X;;:,Li„,atapeev,o„.Mceti., March and September m every yea , !!:lathc,ntotbeBoaraofDt,ecto.. EIGHTEENTH. U ,,a« be the duty of the ^^^^'^:^^e^^ Cashier ia the co»a-,gn,^ f B ^^^,^^_^ ^^ ^ ^^^, ,,„ ^„„„„.. of 1,,5 busiaesa generally-mo .. ^^_^ j,^_^^ ^^^„„„ ,„t, Te,.e«, CietUs, Me-*'^' ^^^ „^^,, ,„ f„,« a« ana thcir respective attfes aa.l ' " .'J' i„ „,^ „f the sickness tanl Cashier. NINETEENTH. ., Teller to make all paymenla 1. shall be the disty of the W'"^ J* ,^„„ ; „<,„irea, «■* ,„„ the Baak , he ^^ ^'^^:^,„, ,„ ea^e of aeftciency, Ihe Cashier for all s„ms he moy '='^'- ' , ^11 checks on the ,e shall be '^^-^^ "^^ ^Z ^^^ °" "«= ^"^ "' "'"' Ba„k receivea h, the Te e. s^»' ^^^^^_„ ^„,,,„,, .„. , the Teller receipt to the Accountant, to he bj ^^^^^.^^ .j,^ .Ha/pay ».. -t ""r 1 "o, t his crelt in the Bank, he ,a„e not having the amount *"" ia„J the same ,.all he cha„ea with the -"^^^^^^ J I „e„..Kee^rs ; was paid by him ^'''--Of*' ""^ ,1, .be check to 1-e good ,„tif .heBook-Kcep«sba^^->^ ^^^^„„,„, f„, .he ,,,„bsc.ihing lus -;' *J^^, „f recount, overdrawn, . sum overdrawn. AnU m •■■• i. 45 , r .. . TeUcM an.l Accountants respectively to ,.,Ube «»-^"^y/^^»;.J,^^^^^^^^^^ caslncr, who .hall tUc.cupon report the 8anv3 nnmcdia.cly to tue report to the Board. TWENTIETH. . • T \iflr in receive alimonies, ,to same lo tho creJ.t of te P ' ^,^^^,,,^. p„,„,„, ,„chpe«ona,.hea.po.aor*aU 1 ea ^^^^^^^_ ^.^^ ^ ^^^, .,.„„o..w-eHuo.o.e ,;.^^^^^^^_.^^^^^^^ „l,cnroqu«leJ,lopa=slot.tcrc ,„„ a.co„„.ca ''^r;-^; :::,• .„ „,eo„,U wiU, ... C.„W Tho Rcccvmg Teller >M» ,^^ ^|,^„ „„„„„„, with the Paying TeUtr, II TWENTY-TIlt^T* .,„« Uce,. .l.e »coo,m.» of U.e Bank iu a The Book-Keepera si'.'" l-'-'^l „.,^,, „„,emenU U: >„e Book, ..cover j;; ^l, .,,,„,, .a,a,,eea, I,„«.or. or Ca»V.er , O^'y^^l^, ,, „« ac.o..„.. »f .'-o Ba"''- . i„ll render all (lie axs stance in W' The seeona Book-Keeper shall e ^^ ^^^^^^ ^^^^^ , ., ,„„er.o.l.er,r.Book.Kee,o. n^-^^^^^^^^^^^^^ ,,,„„,U«.-«>'-^;^-:,L,„,,eeheekhookof«« eaeh preeeaing mon.h, all me O„„sl.ors a. n«e.l"y »^ P"-'^';' „, ,„„,e, from .he C»*- The .eeona BooW-Keoper *a, jke ^^^^_ ^^^^^^ ^^^ ^^^^^^^, ^„, Book.o.l.eleagcrin,a,e,ha,.l>, ^^^._^^^^ ,,„„, „„ e.an.lnea hy .>.e '•-^^/^-^^'iKecper ,hal, en.er in.o .he U,e .uceeeams aay. The .h ^^^^ ^.^|,^,^^ ,„„ „„„ ,„ e,*book, the reeeu* »' P»>™; „, .„ eaeU person alphabehea. order, keep.ng .he J J ^^^^^ ^^^ ,„ ^ ,„«„a "'-"'■-r'":r::'I."oseof.heTel,er.Uf.reeUl.er and examined, and to agree i 41) „t ,!,<•« l^«c .1.= Il»"l" '" „ ,,„,„ ,l,crcin a."! "' ,„e e,. of .>.e n>o,.h, , M.vor » ^^^^ ^,^^,„,,„,, ,„ , . „„ccV,v. VC-- ">■ ^^" L e,■...re,«c„.,UoO,emhy ,„,;„, .„e amouM ''--^ J ;;:,,„, ,,a« .,c rc,po„*l. for ri.,v to enter in a book ai. ,1 of Ha„a 0.. .V,«. of 1^*- :^^' t„,.,„ .„„,, an,, no,. „„ .,e Oa... «t*---7 ;:„! 0, of oa,.>, ,V,.ou„,, an,> No.c W,„6 o(ro«a for •'-""> '^;„,„ No,o 0, Hill *e ,lay » arr.ve „„,, ena„r,ea, anJ by »l,om P e^n« ^^^^^ ^^^.^^ .^_,^ ^„„ „e .,a« .OOP - »7''; " 'p^ Coc. BooU, on .,,..1, .,»« „, U,e Bank. He .ball "'- ^^^j; .^,„„ o,e,.of are ma-lc t bo „e Mated each *-"""'' ""',,, ,„„W, and wben rcolrcd by ,,„e *a« be -y U"" " ^^ ^,„, cboc. Book Hvloe '.n cacb ,,e Ca,b-,er, be .ba o , « ^^ . ._, ^„„^ „, balance b „eoU balanced, or demon„ae ^^^^ „„r,p,ions, vvb,cU „,„ iceepan account of aH ^ .™e to tbe Te, le,, ,„„ l,e called for .» « P^^; ^, ^,,, ,,,, .wll compare b. „„i at tbe clo.e of *<="""; „„ Teller's accoont, and -»- "' "°^'^' 1:; : ':: a:-a.ee,besbair,n..-ate,y receipt. tbercfor,and,f be sa-^^ ^^^^^^ ^^^^, ,,„„, ,„„,„ch report the difference to tbe Ca*,er t7 , ,..,. on every Ji«counl clay from each ,,,, ,„ ,.„,, o,c «-;;;,;,;„, ,„.„„,,.„, ,. c »- i„aivulual ana .m „. Bank, all Nolo, of Ua„J, BO^^ ,__ ,„,,„,„ „„ „,„ ,„a „, cove, .U«eora,« -""'.' ,„,„„, „,,icU N0..0. TNVENTY-FOUUni. , , „,„i,e out anil de\ivci ,,,.„,ea>oau.yor.l,eMe..e,.«o^^^^ „„„r,.aC,on. to .1.0 se.era F n.o , oa ^^^^_^^ ^^^ ^, ,„„ Kxcl,a.,,e.noaa.a„aOM.r~ '^^ „,,,„ ,v,,ec.ed „a..U. H. AaU aUo maUc -»- ^^^ „„^. „, ,,.„,s.e>l .o „„c.o ; he »l.aU '« »«"""'"'' ^^J,; ,„,„,,ea by U..a . L^ ^L'^" ,„3 cl,a.,e, and for all -"«; .^ ^ „„ ^,„„, eo„o«aoO. a, .1,0 - ^" Train --^^^^ TWENTY-Fil'T"' f,l„ Po..cr.o ken-. 1.0 BP..W.'? «•>"'*" U shall bo *o duly of .1. Po.« J^_ ,,^ „„„ „„„„„ „,d an-onancos *"";"'"; ,, „,«„, ei.l.er for pubbc o. e„„,.a„.ly a. U.o "-"" « , ea" - .o = - .lunn. -bo bo..r. o. W ',1- at nighJ, ho shall examine every part (if llie building and nppur- tt'hiinces, and when the Hank is iAliut he »hnll cany i!)*^ keyt* to the Cuiihier or ofTiecr in char^i<, and iiave the name a^ain at the 13ank timely in the morning irreipiired. He ishall nleep in the Hunk and o\i i\o account shall he ah^ent himself without permisiuion. TWENTY-SIXTH. The Solicitor of the Bank ijlnll have the preference of the Law business of llio Hank, hut lie shall not receive any pay for such buijiness other than the uaual profei