By virtue of an Act passed by the Legislature of Canada, in the seventh year of the Reign of Queen Victoria, intituled, (here insert the title of this Act) We, "The Upper Canada Trust and Loan Company," in consideration of the sum of do bind pounds, to us in hand paid by A. B. of ourselves, and our successors unto the said A. B. his executors, administrators and assigns, in the penal sum of pounds. The condition of this obligation is such, that if the said Company shall pay unto the said A. B. his executors, administrators or assigns, on the day of which will be in the year of Our Lord, one thousand eight hundred and and the day of day of then the above written obligation is to become void, otherwise to remain in full force. made by "The Upper Canada bearing date the tain mortgage (or bond) number Trust and Loan Company" to day of for securing the sum of and interest, and all my right, estate and interest in and to the possessions, profits, calls, and property (as the case may be) thereby assigned together with all covenants, and other securities granted or entered into by or on behalf of the said association in respect thereof. Dated this day of SCHEDULE H. in the year of Our Lord FORM OF PROXY. A. B. of one of the Shareholders of "The Upper Canada Trust and Loan Company" doth hereby appoint C. D. of to be proxy of the said A. B., in his absence, to vote in his name upon any matter relating to the undertaking proposed at the meeting of the Shareholders of the Company, to be held on the day of next in such matter as the said C. D. doth think proper. In witness whereof the said A. B. doth hereunto set his hand (or if the Corporation, say the Common Seal of the Corporation) the day of Majesty's Justices of the Peace in and for the District of in Upper Canada (here describe the offence generally, and the time and place, and when and where committed) contrary to the provisions of the Upper Canada Trust and Loan Company Act, and passed in the year of our Lord one thousand eight hundred and forty three. Given under our hands and seals, the day and year first above written. C, D. E. F. CAP. CAP. LXIV. An Act to Incorporate the Kingston Mineral Wells Company. WHE [9th December, 1843.] HEREAS certain Mineral Waters have lately been discovered in the neighbourhood of Kingston, in the Midland District of this Province, and the medicinal properties of such waters have been satisfactorily ascertained, and their efficacy in the cure of various complaints and chronic diseases has been fully proved; And whereas great benefit would arise to the public from the erection of Baths and other accommodations for persons desirous of using the said waters, and the several persons hereinafter named are desirous of being formed into an Incorporated Joint Stock Company, to be called The Kingston Mineral Wells Company, with powers to raise the capital, and to do such other acts as are necessary for accomplishing the above purpose and the several other objects connected therewith and hereinafter stated; Be it enacted, by the Queen's Most Excellent Majesty, by and with the advice and consent of the Legislative Council and of the Legislative Assembly of the Province of Canada, constituted and assembled by virtue of and under the authority of an Act passed in the Parliament of the United Kingdom of Great Britain and Ireland, and intituled, An Act to re-unite the Provinces of Upper and Lower Canada, and for the Government of Canada, and it is hereby enacted by the authority of the same, that James Morton, James Bone, Charles Stuart, John Counter, Robert Aitcheson, James McFarlane, and all and every such other person and persons, Body or Bodies Politic or Corporate or Collegiate, and their respective successors, executors, administrators and assigns, or such of them as shall from time to time be possessed of any share or shares in the Undertaking hereby authorized to be carried on, shall be united into a Company according to the powers and authorities hereinafter set forth or referred to, and shall be one Body Politic and Corporate by the name of "The Kingston Mineral Wells Company," and by that name shall have perpetual succession and a Common Seal, with power to break and alter such Seal, and by that name shall sue and be sued, plead and be impleaded, in all Courts, whether of Law or Equity, in this Province. II. And be it enacted, that the said Company shall be and they are hereby authorized and empowered to lay out and invest their capital, in the first place, in paying and discharging all costs, charges and expenses incurred in applying for and obtaining this Act, and all other expenses preparatory or relating thereto, and the remainder of such capital, or so much thereof as may from time to time be deemed necessary in the manner and for the purposes hereinafter mentioned, that Preamble. Proprietors Incorporated. Capital of the to be laid out Company how and invested. Company to acquire and hold certain real estate. Power to lease and sell lands. Capital and number of shares. that is to say, in the erecting, fitting up, furnishing, maintaining and carrying on public and private Baths, and other conveniences connected with the use of the Mineral Waters now or at any time belonging to the said Company, and also in the erection and fitting up of houses and other buildings for the reception, accommodation and entertainment of invalids, and any other persons resorting to the said Mineral Wells; and also in the doing, purchasing or providing whatsoever in the opinion of the Directors of the said Company, for the time being, shall be requisite or expedient for the interests of the said Company. III. And be it enacted, that it shall be lawful for the said Company to acquire by purchase, lease, mortgage or otherwise, and to hold either absolutely or conditionally, the property, lands and hereditaments belonging to James Morton, in the County of Frontenac, in the Midland District of the said Province, or any part or parts thereof whereon the said Mineral Waters have been discovered, and to lay out and apply the capital and other property for the time being, of the Company, or any moneys raised by the Company in acquiring by purchase, lease, mortgage or otherwise, such property, lands and hereditaments, or any part or parts thereof; and that it shall also be lawful for the Company, and they are hereby empowered to acquire by purchase, mortgage or otherwise, and to hold either absolutely or conditionally, any other property, lands and hereditaments in the said County of Frontenac, in the Midland District, in this Province, and to lay out and apply the capital and other property, for the time being, of the Company, or any moneys raised by the Company, in acquiring by purchase, mortgage or otherwise, such property, lands and hereditaments in the said Province: Provided always, that the property, lands and hereditaments hereby authorized to be acquired and held by the said Company shall not exceed one thousand acres. IV. And be it enacted, that it shall be lawful for the Company, from time to time, to deal with and dispose of all lands acquired and possessed, or held in trust, for the Company, or contracted for, or to which the said Company shall be entitled, or of any part thereof, by sale, exchange, mortgage, lease, or other disposition thereof which they may deem most conducive to the promoting the objects and advantage of the Company; and the Company shall be, and they are hereby authorized and empowered to lay out and invest their capital and property, for the time being, or any moneys to be raised by them in so dealing and disposing of their lands. V. And be it enacted, that the capital of the said Company shall be twenty five thousand pounds, and shall be divided into one thousand two-hundred and fifty shares, each, of the amount of twenty pounds; and such shares shall be numbered in arithmetical progression, beginning with number one, and be respectively distinguished by the numbers affixed to them. VI. And be it enacted, that all shares in the Undertaking shall be personal estate, and transmissible as such, and shall not be of the nature of real estate. VII. And be it enacted, that the Company shall keep a book, to be called the "Register Book of Shareholders," and in such book shall be fairly and distinctly entered, from time to time, the names of the several Corporations, and the names and additions of the several persons, being Shareholders of the Company, the number of shares to which such Shareholders shall be respectively entitled, distinguishing each share by its number, and the amount of the subscriptions paid on such shares; and such book shall be authenticated by the Common Seal of the Company being affixed thereto. Shares to be personal estate. Registry of Shareholders. Addresses of VIII. And be it enacted, that in addition to the said Register of Shareholders, the Company shall provide a proper book, to be called "The Shareholders' Ad- Shareholders. dress Book," in which the Secretary shall, from time to time, enter the places of abode of the several Shareholders of the Company; and every Shareholder, or if such Shareholder be a Corporation, the Clerk or Agent of such Corporation may, at all convenient times, peruse such book, gratis, and may require a copy thereof, or of any part thereof; and for every hundred words so required to be copied, the Secretary may demand a sum not exceeding six pence. Certificates IX. And be it enacted, that on demand of the holder of any share, the Company shall cause a certificate of the proprietorship of such share to be delivered of Shares. to such Shareholder, and such certificate shall have the Common Seal of the Company affixed thereto, and such certificate shall specify the share or number of shares in the Undertaking to which such Shareholder is entitled, and the same may be according to the form in the Schedule A. to this Act annexed, or to the like effect; and for such certificate the Secretary may demand any sum not exceeding two shillings and six pence. Certificate X. And be it enacted, that such certificate shall be admitted in all Courts as primâ facie evidence of the title of such Shareholder, his executors, administrators, to be evidence. successors, or assigns to the share therein specified; nevertheless, the want of such certificate shall not prevent the holder of any share from disposing thereof. XI. And be it enacted, that if any such certificate be worn out or damaged, then, upon the same being produced at some meeting of the Directors, such Directors may order the same to be cancelled, and thereupon another similar certificate shall be given to the party in whom the property of such certificate, and of the share therein mentioned, shall be at the time vested; or if such certificate be lost or destroyed, then, upon proof thereof, a similar certificate shall be given to the party entitled Certificate to be renewed when destroy ed. |